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HERNANDEZ-MARTINEZ v. ASHCROFT

Nos. 02-70048, INS No. A92-440-540.

343 F.3d 1075 (2003)

Eliceo HERNANDEZ-MARTINEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

September 11, 2003.

Attorney(s) appearing for the Case

Judy Flanagan, Phoenix, AZ, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, District Director, Immigration & Naturalization Service, Phoenix, AZ, Anh-Thu P. Mai, Office of Immigration Litigation, Civil Division, Washington, DC, Shelly R. Goad, DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Ben Franklin, Washington, DC, for Respondent.

Before: NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

ORDER

John Ashcroft, Attorney General of the United States, petitions for rehearing by the panel, asking the panel to "clarify its decision and specifically remand the case to the Board to determine under which statutory subsection of the Arizona statute Hernandez-Martinez was convicted and whether a conviction under that subsection subjects him to remand." In support of this request, Ashcroft cites to the Administrative Record.

We have accordingly examined...

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