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SOCOP-GONZALEZ v. I.N.S.

No. 98-70782.

272 F.3d 1176 (2001)

Oscar SOCOP-GONZALEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Opinion Filed March 27, 2000.

Rehearing En Banc Granted September 29, 2000.

Argued and Submitted December 20, 2000.

Filed December 5, 2001

Attorney(s) appearing for the Case

Robert B. Jobe, San Francisco, California, for the petitioner.

David W. Odgen, Assistant Attorney General, Civil Division, Washington, D.C. (argued), and Hugh G. Mullane, Senior Litigation Counsel, Civil Division, Washington, D.C. (brief), for the respondent.

Before: SCHROEDER, Chief Judge, and PREGERSON, REINHARDT, O'SCANNLAIN, HAWKINS, TASHIMA, SILVERMAN, McKEOWN, WARDLAW, PAEZ, and BERZON, Circuit Judges.

Opinion by Judge PREGERSON: Dissent by Judge O'SCANNLAIN

PREGERSON, Circuit Judge:

Before appealing to a circuit court, an alien may seek relief from a decision of the Board of Immigration Appeals ("BIA") by filing a motion to reopen his or her deportation proceedings.1 8 C.F.R. § 3.2(a). The purpose of a motion to reopen is to present new facts or evidence that may entitle the alien to relief from deportation. INA §...

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