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MONTERO-MARTINEZ v. ASHCROFT

No. 99-70596.

249 F.3d 1156 (2001)

Hector MONTERO-MARTINEZ; Gregorio Pedro Montero-Hernandez, Petitioners, v. John ASHCROFT, Attorney General of the UNITED STATES, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2001

As Amended May 30, 2001.

Attorney(s) appearing for the Case

Nicholas Marchi, Carney & Marchi, P.S., Seattle, Washington, for the Petitioners.

David W. Ogden, Acting Assistant Attorney General, Karen Fletcher Torstenson, Assistant Director, and Robbin K. Blaya, Office of Immigration Litigation, Washington, D.C., for the Respondent.

Linton Joaquin, National Immigration Law Center, Los Angeles, California, and Marc Van Der Hout, Van Der Hout & Brigagliano, San Francisco, California, for the Amici Curiae.

Before: PREGERSON, SILVERMAN, and TALLMAN, Circuit Judges.

Submitted** January 31, 2001 — Pasadena, California

TALLMAN, Circuit Judge:

Gregorio Pedro Montero-Hernandez and Hector Montero-Martinez (Petitioners) seek review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA determined that Petitioners were statutorily ineligible for cancellation of removal as non-permanent residents under 8 U.S.C. § 1229b(b)(1) because neither had a qualifying...

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