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TANIGUCHI v. SCHULTZ

Nos. 00-16928, 00-71053.

303 F.3d 950 (2002)

Virginia Dumlao TANIGUCHI, Petitioner-Appellant, v. John Paul SCHULTZ; Kathleen Sawyer; Doris Meissner; John Ashcroft, Attorney General, Respondents-Appellees. Virginia Agustin TANIGUCHI, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2002.

As Amended September 25, 2002.

Attorney(s) appearing for the Case

Vincent Chan, Los Angeles, CA, for the petitioner-appellant.

Shelley R. Goad, Office of Immigration Litigation, United States Department of Justice, for the respondents-appellees.

Before RONEY, HUG, JR. and THOMAS, Circuit Judges.

OPINION

HUG, Circuit Judge.

Virginia Agustin Taniguchi appeals both the Board of Immigration Appeals' denial of her motion to reopen as well as the District Court's denial of Taniguchi's habeas corpus petition. The Immigration Judge ordered Taniguchi removed, and she did not appeal that decision, but subsequently filed a motion to reopen on the grounds that she is a United States citizen. However, because Taniguchi filed her motion more than 90 days following...

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