Opinions of the United 2003 Decisions States Court of Appeals for the Third Circuit 12-30-2003 Dia v. Atty Gen USA Precedential or Non-Precedential: Precedential Docket No. 02-2460 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2003 Recommended Citation "Dia v. Atty Gen USA" (2003). 2003 Decisions. Paper 3. http://digitalcommons.law.villanova.edu/thirdcircuit_2003/3 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2003 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.  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:  2 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