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MONTERO-MARTINEZ v. ASHCROFT

No. 99-70596.

277 F.3d 1137 (2002)

Hector MONTERO-MARTINEZ; Gregorio Pedro Montero-Hernandez, Petitioners, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2002.

Attorney(s) appearing for the Case

Nicholas Marchi, Carney & Marchi, P.S., Seattle, Washington, for the petitioners.

David W. Ogden, Acting Assistant Attorney General, Karen Fletcher Torstenson, Assistant Director, and Robbin K. Blaya, Office of Immigration Litigation, Washington, D.C., for the respondent.

Linton Joaquin, National Immigration Law Center, Los Angeles, California, and Marc Van Der Hout, Van Der Hout & Brigagliano, San Francisco, California, for the amici curiae.

Before: Harry PREGERSON, Barry G. SILVERMAN, and Richard C. TALLMAN, Circuit Judges.

Submitted** January 31, 2001 Pasadena, California.

OPINION

PREGERSON, Circuit Judge:

Gregorio Pedro Montero-Hernandez and Hector Montero-Martinez (Petitioners) seek review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA determined that Petitioners were statutorily ineligible for cancellation of removal as non-permanent residents under 8 U.S.C. § 1229b(b)(1) because neither had...

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