MOORE, J., delivered the opinion of the court, in which SCHWARZER, D.J., joined. GIBBONS, J. (pp. 329-330), delivered a separate opinion concurring in the result. OPINION MOORE, Circuit Judge. Respondents-Appellants United States Attorney General, John Ashcroft; former Acting Commissioner of the Immigration and Naturalization Service (“INS”), Kevin Rooney; former Cleveland District Di<…
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