Saidou Dia v. JOHN ASHCROFT, Attorney General of the United States

PRECEDENTIAL
Filed December 30, 2003
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 02-2460
SAIDOU DIA,
Petitioner
v.
JOHN ASHCROFT,
Attorney General of the United States,
Respondent
On Petition for Review of an Order of Removal from
the Board of Immigration Appeals
U.S. Department of Justice
Executive Office for Immigration Review
(BIA No. A78-514-349)
Argued February 3, 2003
Before: SLOVITER, RENDELL and STAPLETON,
Circuit Judges.
Reargued En Banc May 28, 2003
Before: SCIRICA, Chief Judge, SLOVITER, NYGAARD,
ALITO, ROTH, McKEE, RENDELL, BARRY, AMBRO,
FUENTES, SMITH, BECKER and STAPLETON,
Circuit Judges.
ORDER AMENDING SLIP OPINION
The slip opinion filed in the above referenced case on
December 22, 2003 is hereby amended as follows:

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Page 3 of the slip opinion paragraph immediately
following “III. CONCLUSION . . .” shall be deleted and
replaced with the following:
“Judge Rendell filed the opinion of the Court in which
Chief Judge Scirica and Judges Nygaard, Barry, Fuentes,
and Smith joined and Judges McKee, Ambro and Becker
joined as to Part II. Judge Alito, joined by Judges Sloviter
and Roth, filed an opinion concurring as to Part I and
dissenting as to Part II. Judge Stapleton filed an opinion
dissenting, in which Judges McKee, Ambro and Becker
joined. Judge McKee filed an opinion concurring as to
Part II.”
By the Court:
/s/ Marjorie O. Rendell
Circuit Judge
Dated: December 30, 2003
A True Copy:
Teste:
Clerk of the United States Court of Appeals
for the Third Circuit
2

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