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District court judgment granting plaintiff's petition for a writ of habeas corpus in a case involving an application for discharge as a conscientious objector is affirmed where: 1) in the event that Department of the Army Conscientious Objector Review Board does not provide an adequate statement of the reasons for its denial of a conscientious objector application, a district court must remand to the Army for a statement of reasons unless such remand would be utterly futile; and 2) the record contains no basis in fact to support the denial of plaintiff's application for discharge as a conscientious objector and thus remand to the DACORB for an adequate statement of reasons would be futile.
Appeal from the United States District Court for the Eastern District of New York.
Argued: April 22, 2009
Decided: June 25, 2009
Before MCLAUGHLIN, CALABRESI, and KATZMANN, Circuit Judges.
Opinion by KATZMANN, Circuit Judge.
For Petitioner: Raymond J. Toney, New York, NY.
For Respondent: Joshua Waldman, United States Department of Justice, Washington, DC.
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