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358 F.3d 162 *; 2002 U.S. App. LEXIS 28159 **
ATHANASIOS THEODOROPOULOS, Petitioner-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant.
Subsequent History: [**1] As Amended December 20, 2002. Superseded January 12, 2004.
US Supreme Court certiorari denied by Theodoropoulos v. Ins, 2004 U.S. LEXIS 5709 (U.S., Oct. 4, 2004)
Prior History: The Immigration and Naturalization Service ("INS") appeals from the September 21, 2001 judgment of the United States District Court for the Western District of New York (Richard J. Arcara, District Judge), which denied the INS's motion to dismiss petitioner-appellee Athanasios Theodoropoulos's petition for a writ of habeas corpus and granted the writ for the limited purpose of remanding Theodoropoulos's case to the Board of Immigration Appeals ("BIA") for further proceedings. This court finds that Theodoropoulos failed to exhaust his administrative remedies, and, thus, that the district court lacked jurisdiction to entertain the petition under 8 U.S.C. § 1252(d). Accordingly, we reverse the judgment of the district court in its entirety and remand for entry of judgment dismissing the petition.
Theodoropoulos v. INS, 313 F.3d 732, 2002 U.S. App. LEXIS 26134 (2d Cir. N.Y., 2002)
Disposition: REVERSED and REMANDED FOR ENTRY OF JUDGMENT OF DISMISSAL.
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