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ZHONG v. U.S. DEPT. OF JUSTICE

Docket No. 02-4882-ag.

489 F.3d 126 (2007)

Lin ZHONG, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, & Attorney General Gonzales, Respondent.

United States Court of Appeals, Second Circuit.

May 31, 2007.

Attorney(s) appearing for the Case

Bruno Joseph Bembi Esq., Law Office of Bruno Joseph Bembi, Esq., Hempstead, NY, for Petitioner.

Edward J. McElroy Esq., U.S. Attorney, EDNY, New York, NY, Jennifer A. Paisner Esq., John Ashcroft Esq., U.S. Dept. of Justice, Washington, DC, for Respondent.

Present: Hon. DENNIS JACOBS, Chief Judge, Hon. GUIDO CALABRESI, Hon. JOSÉ A. CABRANES, Hon. CHESTER J. STRAUB, Hon. ROSEMARY S. POOLER, Hon. ROBERT D. SACK, Hon. SONIA SOTOMAYOR, Hon. ROBERT A. KATZMANN, Hon. B.D. PARKER, Hon. REENA RAGGI, Hon. RICHARD C. WESLEY, and Hon. PETER W. HALL, Circuit Judges.

Judge CALABRESI concurs in the order denying rehearing in banc and files an opinion. Chief Judge JACOBS dissents from the order denying rehearing in banc and files an opinion in which Judges JOSÉ A. CABRANES and RAGGI join.

CALABRESI, Circuit Judge, concurring in the denial of rehearing en banc.

In his strong dissent, the Chief Judge touches on two separate issues. Both are important and deserve serious discussion. The first is primarily...

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