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DE MARTINEZ v. ASHCROFT

No. 02-73939.

374 F.3d 759 (2004)

Maria Isabel Gonzalez DE MARTINEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 16, 2004.

As Amended on Denial of Rehearing July 2, 2004.

Attorney(s) appearing for the Case

Frank P. Sprouls, Ricci & Sprouls, San Francisco, CA, for the petitioner.

Thomas K. Ragland and Patricia A. Smith, United States Department of Justice, Civil Division, Washington, DC, for the respondent.

Before ALARCÓN, BEEZER, and W. FLETCHER, Circuit Judges.

ALARCÓN, Circuit Judge.

Maria Isabel Gonzalez De Martinez petitions for review of the Board of Immigration Appeals ("BIA")'s decision denying her motion to reopen immigration removal proceedings to apply for an adjustment of status on the basis of her marriage to a United States citizen and the pending visa application filed by her husband. Mrs. De Martinez argues that she was not provided adequate notice of the penalties for failure to depart voluntarily, that...

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