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ITURRIBARRIA v. I.N.S.

No. 02-70003.

321 F.3d 889 (2003)

Miguel Angel ITURRIBARRIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2003.

Attorney(s) appearing for the Case

Edgardo Quintanilla and Anna Luisa Padilla, Sherman Oaks, CA, for the petitioner-appellant.

Anthony C. Payne and Cindy S. Ferrier, Attorneys, Office of Immigration Litigation, Civil Division. United States Department of Justice, Washington, D.C., for the respondent-appellee.

Before CANBY, GOULD and BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Miguel Angel Iturribarria petitions this court for review of the Board of Immigration Appeals' (BIA) denial as untimely of his motion to reopen deportation proceedings, so as to permit the filing of an application for suspension of deportation under former Immigration and Nationality Act (INA) § 244. He alleges that the BIA violated due process by deeming his motion to reopen a motion to reconsider, in violation of applicable...

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