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SERVIN-ESPINOZA v. ASHCROFT

No. 01-16225.

309 F.3d 1193 (2002)

Manuel SERVIN-ESPINOZA, Petitioner-Appellee, v. John ASHCROFT, Attorney General; Charles Demore, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2002.

Attorney(s) appearing for the Case

James Todd Bennett, El Cerrito, CA, for the petitioner-appellee.

Donald E. Keener and Alison R. Drucker, Office of Immigration Litigation, Washington, DC, for the respondents-appellants.

Before THOMPSON, W. FLETCHER and BERZON, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

Lawful permanent resident Manuel Servin-Espinoza was ordered deported to Mexico after conviction of an aggravated felony. The district court granted Servin-Espinoza's petition for writ of habeas corpus on the ground that enforcing § 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. 104-132, 110 Stat. 1214 (1996), which bars discretionary relief under former § 212(c...

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