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SHITTU v. ELWOOD

No. CIV.A. 02-0682.

204 F.Supp.2d 876 (2002)

Rasaq Oladimeji SHITTU, Petitioner, v. Kenneth J. ELWOOD, District Director, INS Philadelphia, Immigration & Naturalization Service, Executive Office for Immigration Review, Attorney General, U.S.A., Respondents.

United States District Court, E.D. Pennsylvania.

May 14, 2002.

Attorney(s) appearing for the Case

Rasaq Qladimeji Shittu, Selinsgrove, PA, pro se.

Stephen J. Britt, U.S. Attorney's Office, Philadelphia, PA, for respondents.

OPINION

SCHILLER, District Judge.

This petition for a writ of habeas corpus raises the unsettled legal question of whether a permanent U.S. resident who was ordered deported while his application for naturalization was pending can claim the protection of the status of "national of the United States" under § 101(a)(22) of the Immigration and Naturalization Act.

Petitioner Rasaq Oladimeji Shittu ("Shittu"), a citizen of Nigeria and until...

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