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LOPEZ-FLORES v. DEPARTMENT OF HOMELAND SECURITY

No. 03-1970.

387 F.3d 773 (2004)

Fernando LOPEZ-FLORES, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY; Bureau of Immigration and Customs Enforcement; Bureau of Citizenship & Immigration Services; Gerard Heinauer, District Director; Ben Bandanza, Assistant District Director of Detention and Deportation, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: October 28, 2004.

Attorney(s) appearing for the Case

Bart A. Chavez, argued, Omaha, NE, for petitioner.

Papu Sandhu, argued, Washington, D.C. (Peter D. Keisler and Emily Anne Radford, on the brief), for respondents.

Before WOLLMAN, FAGG, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Fernando Lopez-Flores petitions this court for review of an order entered by the Bureau of Immigration and Customs Enforcement (BICE), reinstating his prior order of deportation and ordering his removal under § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, 110 Stat. 3009-546 (1996...

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