ARMENDARIZ-MONTOYA v. SONCHIK

No. 01-16029.

291 F.3d 1116 (2002)

Hugo ARMENDARIZ-MONTOYA, Petitioner-Appellee, v. Roseanne C. SONCHIK, District Director, Immigration and Naturalization Service, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2002.


Attorney(s) appearing for the Case

Shelly Goad, Department of Justice, Office of Immigration Litigation, Washington, D.C., argued the cause for the respondent-appellant. Robert D. McCallum, Jr., Assistant Attorney General, Stuart E. Schiffer, Acting Assistant Attorney General, David J. Kline, Principal Deputy Director, and Hugh G. Mullane, Office of Immigration Litigation, Washington D.C.; Paul K. Charlton, United States Attorney and Cynthia Parsons, Assistant United States Attorney, Phoenix, Arizona, were on the briefs.

Vikram K. Badrinath argued the cause for the petitioner-appellee.

Before O'SCANNLAIN and TALLMAN, Circuit Judges, and KING, District Judge.


OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether deportation proceedings commence with the service of an order to show cause upon the alien or with the filing of such an order with the Immigration Court.

I

In 1972, Hugo Armendariz-Montoya ("Armendariz") entered the United States without inspection from Mexico when he was three years old. In 1978, he adjusted his status to that of a lawful permanent resident. He has resided in...

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