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FERNANDEZ v. I.N.S.

Nos. 95-9550, 96-9504.

113 F.3d 1151 (1997)

John F. FERNANDEZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. American Civil Liberties Union, Amicus Curiae. Anthony O. OLADIPO, also known as Tony Oladipo, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. American Civil Liberties Union, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 12, 1997.

Attorney(s) appearing for the Case

Kenneth H. Stern, Stern & Elkind, Denver, Colorado (Lisa R. Green, John D. Griffin, and Emily J. Curray, Stern & Elkin, with him on the brief),* for Petitioners.

Quynh Vu, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, (David M. McConnell, Assistant Director, Office of Immigration Litigation; William J. Howard, Senior Litigation Counsel, Office of Immigration Litigation; and Kristen A. Giuffreda, Office of Immigration Litigation, with her on the briefs), for Respondent.

Lucas Guttentag, American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, (Lee Gelernt and Laura L. Ho, American Civil Liberties Union Foundation, Immigrants' Rights Project, with him on the brief), Amicus Curiae.

Before SEYMOUR, Chief Judge, and HENRY and BRISCOE, Circuit Judges.

HENRY, Circuit Judge.

Because these cases present identical jurisdictional questions, they were joined for briefing and oral argument, and we issue this opinion in both cases. The petitioners seek review of final orders of deportation entered against them. We dismiss their petitions for review for lack of jurisdiction. The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214, deprives us of jurisdiction over the petitions...

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