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RAFFINGTON v. CANGEMI

No. 04-3672.

399 F.3d 900 (2005)

Sherneth Marcia RAFFINGTON, Petitioner — Appellant, v. Mark CANGEMI, District Director, U.S. Immigration and Customs Enforcement, et al., Respondents — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2005.

Attorney(s) appearing for the Case

Herbert A. Igbanugo, argued, Minneapolis, Minnesota (Riddhi Jani on the brief), for appellant.

Lonnie F. Bryan, Assistant U.S. Attorney, argued, Minneapolis, Minnesota (Thomas B. Heffelfinger on the brief), for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON and HANSEN, Circuit Judges.

LOKEN, Chief Judge.

Sherneth Raffington, an alien in custody awaiting removal to Jamaica, appeals the district court's1 denial of her petition for a writ of habeas corpus. Raffington argues that the government is estopped to remove her because of its frivolous appeal of the Immigration Judge's grant of suspension of deportation, and that the district court erred in failing to consider the merits of her belated claim for relief under the...

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