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EUNIQUE v. POWELL

No. 99-56984.

302 F.3d 971 (2002)

Eudene EUNIQUE, an Individual, Plaintiff-Appellant, v. Colin L. POWELL, the Secretary of State for the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2002.

Attorney(s) appearing for the Case

Eudene Eunique, Lucerne Valley, CA, pro se.

Anh-Thu P. Mai, U.S. Department of Justice, Office of Immigration Litigation, Washington, D.C., for the defendant-appellee.

Before: FERNANDEZ, KLEINFELD, and McKEOWN, Circuit Judges.

Opinion by Judge FERNANDEZ. Concurrence by Judge McKEOWN. Dissent by Judge KLEINFELD.

ORDER

Our opinions filed February 22, 2002, are hereby withdrawn, and new opinions — a lead opinion by Judge Fernandez, a concurring opinion by Judge McKeown, and a dissenting opinion by Judge Kleinfeld — are filed simultaneously herewith.

Judges Fernandez and McKeown voted to otherwise deny the petition for...

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