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United States Third Circuit


DRAKES v. INS, 02-2886

The district court's decision to extend the US Supreme Court's holdings in Daniels and Coss, to bar in a section 2241 habeas proceeding a collateral attack on a prior state conviction where the conviction serves as a predicate for an order of removal, is affirmed.

Appellate Information

  • Decided 06/03/2003
  • Published 06/03/2003

Judges

  • Before SCIRICA, Chief Judge, SLOVITER and NYGAARD, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • James V. Wade, Federal Public Defender for the Middle District of Pennsylvania, Daniel I. Siegel, Assistant Federal Public Defender, Harrisburg, PA, for Appellant.

  • For Appellees:
  • Thomas A. Marino, United States Attorney, Kate L. Mershimer, Assistant United States Attorney, United States Attorney's Office, Harrisburg, PA, for Appellee.
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