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MENDEZ-GUTIERREZ v. ASHCROFT

No. 02-70546.

340 F.3d 865 (2003)

Zeferino MENDEZ-GUTIERREZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2003.

Attorney(s) appearing for the Case

Jonathan M. Kaufman, San Francisco, California, for the petitioner.

Anh-Thu P. Mai, Marshall Tamor Golding, United States Department of Justice Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: Procter HUG, Jr., John R. GIBSON and Raymond C. FISHER, Circuit Judges.

Argued and Submitted May 16, 2003 — San Francisco, California.

OPINION

RAYMOND C. FISHER, Circuit Judge:

Zeferino Mendez-Gutierrez petitions for review of the decision of the Board of Immigration Appeals ("BIA") dismissing his appeal of the Immigration Judge ("IJ")'s refusal to reinstate his voluntarily withdrawn asylum application. We hold that we have jurisdiction to review the decision of the BIA, and that the BIA abused its discretion...

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