Marc Hilaire Joseph v. ALBERTO GONZALES, Attorney General of the United States of America

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
____________
No: 04-2885
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MARC HILAIRE JOSEPH,
Petitioner
v.
ALBERTO GONZALES,* Attorney General
of the United States of America,
Respondent
*Substituted pursuant to Federal Rule of Appellate Procedure 43(c)(2)
___________________________________
On Petition for Review
from the Board of Immigration Appeals
(No. A40-135-340)
Argued July 14, 2005
Before: SLOVITER, McKEE, and WEIS, Circuit Judges
ORDER AMENDING SLIP OPINION AND JUDGEMENT
The slip opinion should be amended with the following correction:
Section V. Conclusion should read as follows:
For the reasons set forth above, we believe a genuine issue of material fact

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exists as to Joseph’s derivative citizenship claim, and we will therefore
grant his petition for review, vacate the order of the BIA and remand the
case to the United States District Court for the District of New Jersey for
further proceedings. Footnote 19 should be deleted.
An amended opinion and judgment shall be issued.
/s/ Theodore A. McKee
CIRCUIT JUDGE
DATED: September 20, 2005

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