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PADILLA v. ASHCROFT

No. 02-70430.

334 F.3d 921 (2003)

Francilia PADILLA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2003.

Attorney(s) appearing for the Case

James M. Byrne, San Francisco, CA, for the petitioner.

Papu Sandhu, Senior Litigation Counsel, and Earle B. Wilson, Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, for the respondent.

Before KOZINSKI, GRABER, and BERZON, Circuit Judges.

Opinion by Judge GRABER; Concurrence by Judge BERZON.

GRABER, Circuit Judge:

Petitioner Francilia Padilla attempted to enter the United States using fraudulent documents and was removed pursuant to an expedited procedure that does not afford a hearing. She reentered illegally. After she applied for an adjustment of status, the Immigration and Naturalization Service ("INS") reinstated the prior removal order pursuant to another expedited procedure that does...

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