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GUTIERREZ-CHAVEZ v. I.N.S.

No. 00-56149.

337 F.3d 1023 (2003)

Gustavo GUTIERREZ-CHAVEZ, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE; et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2002.

Amended July 22, 2003.

Attorney(s) appearing for the Case

Victor D. Nieblas (argued), Law Office of Victor D. Nieblas Pradis, Los Angeles, California, for the petitioner-appellant.

Cindy S. Ferrier (argued), United States Department of Justice, Appearances only by David W. Ogden, United States Department of Justice, Civil Division, Kristen A. Chapman, United States Department of Justice, Office of Immigration Litigation, and John P. Moran, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondents-appellees.

Before B. FLETCHER, D.W. NELSON, and McKEOWN, Circuit Judges.

ORDER

The opinion filed July 31, 2002, is amended as follows:

298 F.3d 824, 829, line 23 (second column, after "apple"):

Add the following footnote: "We do not confront here a claim of failure to exercise discretion or manifest injustice."

With this amendment, a majority of the panel has voted to deny Petitioner-Appellant's petition for rehearing. Judge McKeown voted to grant the petition for rehearing...

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