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ANDREIU v. ASHCROFT

No. 99-70274.

253 F.3d 477 (2001)

Dan Marius ANDREIU, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2001

Attorney(s) appearing for the Case

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

David M. McConnell (argued) and Linda S. Wernery, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent.

Nadine K. Wettstein, American Immigration Law Foundation, WAshington, DC, for the amici curiae.

Before: SCHROEDER, Chief Judge, and HUG, PREGERSON, REINHARDT, BEEZER, FERNANDEZ, RYMER, HAWKINS, TASHIMA, RONALD M. GOULD, and RAWLINSON, Circuit Judges.

Argued and Submitted En Banc March 21, 2001.

Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge BEEZER

MICHAEL DALY HAWKINS, Circuit Judge:

This case requires us to consider the application of certain 1996 amendments to the nation's immigration laws to an alien's motion for stay of removal proceedings pending the resolution of a petition for review. The Immigration and Naturalization Service ("INS") contends that 8 U.S.C. § 1252(f)(2...

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