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JORDON v. ATTORNEY GENERAL OF U.S.

No. 03-2055.

424 F.3d 320 (2005)

Mark Anthony Herbert JORDON v. ATTORNEY GENERAL OF the UNITED STATES, Appellant.

United States Court of Appeals, Third Circuit.

September 26, 2005.

Attorney(s) appearing for the Case

Linda S. Wernery, John M. McAdams, Jr. (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Appellant.

Daniel I. Siegel, Ronald A. Krauss (Argued), Office of Federal Public Defender, Harrisburg, PA, for Appellee.

Before SLOVITER and FISHER, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

FISHER, Circuit Judge.

Appellee Mark Anthony Herbert Jordon filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 in the United States District Court for the Middle District of Pennsylvania challenging a final order to remove him on grounds that he is a non-removable, derivative United States citizen under the since-repealed 8 U.S.C. § 1432(a). The District Court granted Jordon's petition. Under the recently enacted...

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