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LOPEZ-FLORES v. DEPT. OF HOMELAND SECURITY

No. 03-1970.

376 F.3d 793 (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: July 15, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Bart A. Chavez of Omaha, Nebraska.

Counsel who presented argument on behalf of the respondents was Papu Sandhu of Washington, D.C. Also appearing on the brief was Peter D. Keisler and Emily Anne Radford.

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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