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ANTONIO-MARTINEZ v. I.N.S.

No. 90-70474.

317 F.3d 1089 (2003)

Pasqual ANTONIO-MARTINEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2003.

Attorney(s) appearing for the Case

Sheila A. Bedi of the Institute for Public Representation, Georgetown University Law Center, Washington, D.C., argued for petitioner. Douglas L. Parker and Jacqueline B. Shapiro joined her on the brief.

Julia K. Doig of the Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., argued for respondent. Robert D. McCallum, Jr., and David M. McConnell joined her on the brief.

Before KOZINSKI and KLEINFELD, Circuit Judges, and GEORGE, District Judge.

OPINION

KOZINSKI, Circuit Judge.

We consider whether the fugitive disentitlement doctrine applies to an alien who goes missing while his petition for review of a deportation order is pending.

Background

Petitioner Pasqual Antonio-Martinez was a rope-maker in Guatemala in the 1970s. Unsatisfied with his paycheck, he took up more lucrative work as an enforcer for a group called the "Guerrilla Army of the Poor." His new job was to go door...

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