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ALVAREZ-PORTILLO v. ASHCROFT

No. 01-1430.

280 F.3d 858 (2002)

Alfonso ALVAREZ-PORTILLO, Petitioner, v. John ASHCROFT, et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: February 13, 2002.

Rehearing Denied: April 10, 2002.

Attorney(s) appearing for the Case

David Froman, argued, San Diego, CA, for petitioner.

Papu Sandhu, U.S. Dept. of Justice, Washington, DC (Quynh Vu, U.S. Dept. of Justice, Washington, DC, on the brief), for respondent.

Before LOKEN and FAGG, Circuit Judges, and BOGUE, District Judge.

LOKEN, Circuit Judge.

Alfonso Alvarez-Portillo appeals the decision of the Immigration and Naturalization Service (INS) reinstating his prior order of deportation and ordering his removal under § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, 110 Stat. 3009-546 (1996).1 Section...

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