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LOPEZ-ALVARADO v. ASHCROFT

No. 02-74204.

381 F.3d 847 (2004)

Hugo LOPEZ-ALVARADO; Maria Trinidad Lizardo de Lopez; Hugo Giovani Lopez-Lizardo, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2004.

Amended August 24, 2004.

Attorney(s) appearing for the Case

Deborah L. Smith and Michael K. Ungar, Simmons & Ungar, San Francisco, California, and Dorothea K. Langsam, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the petitioner.

Peter D. Keisler, Assistant United States Attorney, Richard M. Evans, Assistant Director, and Patricia L. Buchanan, Trial Attorney, Washington, D.C., for the respondent.

Before REINHARDT, McKEOWN, and PAEZ, Circuit Judges.

ORDER AND AMENDED OPINION

ORDER

The government's motion for modification of the decision is granted. The Opinion filed on June 15, 2004 is amended as follows:

1. On slip op. 8015

Change "extreme hardship" to "exceptional and extremely unusual hardship"

2. On slip op. 8015, fn. 1

Delete:

The government argues that the Lopezes' son, Hugo, is ineligible for cancellation of removal because he is younger than ten years...

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