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MOREL v. I.N.S.

No. 95-3271.

144 F.3d 248 (1998)

Eleazar MOREL, Petitioner v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Reargued April 3, 1997.

Decided May 11, 1998.

Attorney(s) appearing for the Case

Robert Frank, Newark, NJ, Lucas Guttentag (Argued), Laura Ho, New York City, for Petitioner.

Frank W. Hunger, Assistant Attorney General, David M. McConnell (Argued), Senior Litigation Counsel/Assistant Director, Donald E. Keener, Joan E. Smiley, Linda S. Wendtland, Senior Litigation Counsel, William J. Howard, Vernon B. Miles, United States Department of Justice Office of Immigration Litigation, Civil Division, Washington, DC.

Before: SLOVITER, GREENBERG and ROTH, Circuit Judges

OPINION OF THE COURT

ROTH, Circuit Judge:

In this case, we reconsider a petition for review which was first filed on May 12, 1995, by Eleazar Jose Morel, a native and citizen of the Dominican Republic. The Immigration and Naturalization Service (INS) asks us to set aside our original opinion in this case in which we granted Morel's petition challenging the Board of Immigration Appeals' (BIA) construction of §...

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