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GALLO-ALVAREZ v. ASHCROFT

Nos. 99-71038, 00-35238 and 00-35289.

266 F.3d 1123 (2001)

Rosario GALLO-ALVAREZ, Petitioner-Appellee, v. John ASHCROFT, Attorney General, Respondent. Rosario Gallo-Alvarez, Petitioner-Appellee-Cross-Appellant, v. Robert C. Eddy; Doris Meissner; John Ashcroft, Respondents-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2001.

Attorney(s) appearing for the Case

Alice E. Loughram, Papu Sandhu, Office of Immigration Litigation, United States Department of Justice, for the respondents-appellants-cross-appellees.

Margaret D. Stock, Jeffrey Scott Moeller, Anchorage, Alaska, for the petitioner-appellee-cross-appellant.

Before: HARRY PREGERSON, SIDNEY R. THOMAS and RONALD M. GOULD, Circuit Judges.

Argued and Submitted March 7, 2001 — Seattle, Washington.

OPINION

THOMAS, Circuit Judge:

This consolidated case presents the question of whether 8 U.S.C. § 1231(a)(5) permits the Immigration and Naturalization Service ("INS"), to reinstate an order of deportation summarily pertaining to an alien who was granted voluntary departure in lieu of deportation. We hold that the statute allows the INS to do so, but that the record in this instance...

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