No. 04-4412.

436 F.3d 382 (2006)

Andrea Patricia DUVALL, (Nee Andrea Patricia Phillips) Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Filed February 7, 2006.

Attorney(s) appearing for the Case

Anthony A. Yang (Argued), United States Department of Justice, Appellate Section, Washington, DC, Robert M. Loeb, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Respondent.

Derek W. Gray (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Petitioner.

Before RENDELL, FISHER and GREENBERG, Circuit Judges.

FISHER, Circuit Judge.

We must decide in this case whether a litigation error by the Immigration and Naturalization Service, resulting in an adverse determination on the issue of alienage during deportation proceedings, precludes the government from thereafter seeking to remove the alien based on subsequent criminal acts. We conclude that it does not.



Andrea Patricia Duvall is a native and citizen of Jamaica. She entered this country...

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