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LOPEZ-RUIZ v. ASHCROFT

No. 01-70285.

298 F.3d 886 (2002)

Ignacio LOPEZ-RUIZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2002.

Attorney(s) appearing for the Case

John Wolfgang Gehart, Vellanoweth & Gehart, LLP, Los Angeles, CA, for the petitioner.

Norah Ascoli Schwarz, Senior Litigation Counsel, Office of Immigration Litigation, Washington, DC, Linda S. Wendtland, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

Before NOONAN, WARDLAW and BERZON, Circuit Judges.

ORDER

Ignacio Lopez-Ruiz timely appealed to this court the BIA's decision to affirm an order for his removal. Lopez-Ruiz' substantive argument is that his drug-related criminal conviction in 1998 was not for an aggravated felony. The 1998 California conviction, which formed the only basis for Lopez-Ruiz' removal, has since been vacated. On April 29, 2002, the BIA granted a motion to reopen and remanded to the Immigration Judge (IJ) so that the IJ could consider...

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