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PAZCOGUIN v. RADCLIFFE

No. 00-70595.

308 F.3d 934 (2002)

Nathaniel Flores PAZCOGUIN, Petitioner, v. Donald A. RADCLIFFE, District Director; Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2002.

Amended October 25, 2002.

Attorney(s) appearing for the Case

James A. Stanton, Honolulu, HI, for the petitioner.

Jeffrey J. Bernstein, United States Department of Justice, Washington, D.C., for the respondents.

Before: THOMPSON, O'SCANNLAIN, BERZON, Circuit Judges.

Dissent by Judge BERZON.

ORDER

The opinion in this case, filed June 25, 2002 and published at 292 F.3d 1209 (9th Cir.2002), is amended by striking therefrom the dissent of Judge Berzon, and substituting in its place Judge Berzon's dissent filed contemporaneously with this order. No change is made in the majority opinion.

Judges Thompson and O'Scannlain have voted to deny the Petition for Rehearing. Judge O'Scannlain...

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