Clifford K. Olatunji v. John Ashcroft, Attorney General of the United States
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MICHAEL joined. Senior Judge BALDOCK wrote a dissenting opinion.
*386OPINION
LUTTIG, Circuit Judge.
Petitioner Olatunji appeals from the district court’s denial of his 28 U.S.C. § 2241 habeas petition, which sought review of his continued detention by the INS pursuant to a final order of removal issued by the Board of Immigration Appeals. For the reasons that follow, the judgment of the district court is reversed and the habeas petition is granted.
I
Clifford K. Olatunji, a citizen of Nigeria, has been in the United States…
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