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ORQUERA v. ASHCROFT

No. 02-1327.

357 F.3d 413 (2003)

Ariel Osvalod ORQUERA; Aldo Agustin Orquera; Gladis Mabel Orquera; Ariadna Brenda Orquera, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Argued: September 23, 2003.

Decided: December 1, 2003.

Attorney(s) appearing for the Case

ARGUED: Rafael A. Geigel-Vassallo, Salgado & Associates, Washington, D.C., for Petitioners. M. Jocelyn Lopez Wright, Senior Litigation, Office of Immigration Litigation, Civil Division, United States Department Of Justice, Washington, D.C., for Respondent. ON BRIEF: Robert D. McCallum, Jr., Assistant Attorney General, David V. Bernal, Assistant Director, Andrew C. MacLachlan, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before MOTZ, KING, and SHEDD, Circuit Judges.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case involves a question of first impression: do aliens denied temporary resident status under the amnesty provisions of the Immigration Reform and Control Act (IRCA), 8 U.S.C. § 1255a (2000), retain a right to judicial review of that decision given the amendments to that statute by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA...

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