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BAYUDAN v. ASHCROFT

No. 00-70916.

298 F.3d 799 (2002)

June Dumayas BAYUDAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2002.

Attorney(s) appearing for the Case

Ronald T. Oldenburg, Esq., Waipahu, HI, for Petitioner.

Regional Counsel, Western Region, Immigration & Naturalization Service, Laguna Niguel, CA, HI-District Counsel, Immigration & Naturalization Service, Honolulu, HI, Christine Bither, Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Ronald E. LeFevre, Chief Legal Officer, District Counsel, Immigration and Naturalization Service, San Francisco, CA, for Respondent.

Before BEEZER, O'SCANNLAIN and KLEINFELD, Circuit Judges.

ORDER

June Dumayas Bayudan ("Bayudan") petitions us to set aside our April 15, 2002, order dismissing for lack of jurisdiction. We grant the petition, set aside our April 15, 2002, order and set a briefing schedule.

In our April 15, 2002, order, we held that we could not hear Bayudan's case because his Hawaii conviction qualified as an "aggravated felony," rendering him deportable under 8 U.S.C. § 1227(a)(2)(A)(iii) and precluding our jurisdiction under...

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