VASQUEZ-ZAVALA v. ASHCROFT

No. 01-70973.

324 F.3d 1105 (2003)

Francisco VASQUEZ-ZAVALA; Cristina Vasquez-Patino, Petitioners, v. John D. ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2003.


Attorney(s) appearing for the Case

Walter Rafael Pineda, Redwood City, CA, for the petitioners.

Anthony P. Nicastro, U.S. Department of Justice, Washington, DC, for the respondent.

Before: SCHROEDER, Chief Judge, NOONAN and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge.

Francisco Vasquez-Zavala and Cristina Vasquez-Patino petition for review of a final order of removal from the Board of Immigration Appeals ("BIA"). The BIA held that because the Immigration and Naturalization Service's charging document was not filed until after April 1, 1997 — the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"), PL 104-208 Div. C, 110 Stat. 3009 (1996) — petitioners...

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