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SHI LIANG LIN v. U.S. DEPT. OF JUSTICE

Docket Nos. 02-4611-ag, 02-4629-ag, 03-40837-ag.

494 F.3d 296 (2007)

SHI LIANG LIN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE; Attorney General Gonzales, Respondents; Zhen Hua Dong, Petitioner, v. United States Department of Justice; Attorney General Gonzales, Respondents; Xian Zou, Petitioner, v. Attorney General Gonzales, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 16, 2007.

Attorney(s) appearing for the Case

Bruno Joseph Bembi, Hempstead, NY, for Petitioners Shi Liang Lin and Zhen Hua Dong.

Aleksander Milch, Christophe & Associates, P.C., New York, NY, for Petitioner Xian Zou.

Kathy S. Marks, Assistant United States Attorney, (Sara L. Shudofsky, Assistant United States Attorney, of counsel) for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondents the United States Department of Justice and Attorney General Gonzales.

Before: JACOBS, Chief Judge, CALABRESI, CABRANES, STRAUB, POOLER, SACK, SOTOMAYOR, KATZMANN, PARKER, RAGGI, WESLEY, and HALL, Circuit Judges.

Judge B.D. PARKER delivered the opinion of the Court, in which JACOBS, C.J., and CABRANES, SACK, RAGGI, WESLEY, and HALL, JJ., joined.

Judge KATZMANN filed a concurring opinion, in which STRAUB, POOLER, and SOTOMAYOR, JJ., joined.

Judge SOTOMAYOR filed a concurring opinion, in which POOLER, J., joined.

Judge CALABRESI filed an opinion concurring in part and dissenting in part.

B.D. PARKER, JR., Circuit...

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