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ANDREIU v. RENO

No. 99-70274.

223 F.3d 1111 (2000)

Dan Marius ANDREIU, Petitioner, v. Janet RENO, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2000.

Attorney(s) appearing for the Case

Linton Joaquin, National Immigration Law Center, Los Angeles, California, for the petitioner.

Mark C. Walters (argued), Linda S. Wernery, Department of Justice, Washington, D.C., for the respondent.

Before: BEEZER, O'SCANNLAIN and THOMAS, Circuit Judges.

Opinion by Judge BEEZER; Dissent by Judge THOMAS.

BEEZER, Circuit Judge:

Dan Marius Andreiu moves for a stay of the Board of Immigration Appeal's ("BIA") final order of removal, pending our resolution of his petition for review. The government opposes the motion because Andreiu is unable to satisfy the standard for enjoining an alien's removal under 8 U.S.C. § 1252(f)(2) (Supp. II 1996). Andreiu argues that section 1252(f)(2) does not apply to temporary...

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