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PEREZ-GONZALEZ v. ASHCROFT

No. 02-73294.

379 F.3d 783 (2004)

Gregorio PEREZ-GONZALEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 2004.

Attorney(s) appearing for the Case

Matt Adams (argued), Northwest Immigrant Rights Project, Granger, Washington, for the petitioner.

Soren M. Rottman, Northwest Immigrant Rights Project, Granger, Washington, for the petitioner.

James A. Hunolt, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Anthony P. Nicastro (argued), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for the respondent.

Before D.W. NELSON, FISHER, and GOULD, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

Gregorio Perez-Gonzalez petitions for review of the reinstatement of his prior deportation order by the Immigration and Naturalization Service ("INS").1 He challenges the INS's interpretation of the Immigration and Nationality Act ("INA") § 241(a)(5), 8 U.S.C. § 1231(a)(5) ("the reinstatement provision"), on both statutory and constitutional grounds. We hold that the reinstatement provision...

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