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ELIAN v. ASHCROFT

No. 02-72752.

370 F.3d 897 (2004)

Joseph ELIAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

June 2, 2004.

Attorney(s) appearing for the Case

Howard R. Davis, Esq., Van Nuys, CA, for Petitioner.

Regional Counsel, Western Region, Immigration & Naturalization Service, Laguna Niguel, CA, CAC-District Counsel, Esq., Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Carl H. McIntyre, Jr., Susan Houser, Esq., Ronald N. Ohata, Washington, DC, for Respondent.

Before: GOODWIN, PREGERSON, and TALLMAN, Circuit Judges.

ORDER

In a case arising under the Illegal Immigration Reform and Immigrant Responsibility Act's ("IIRIRA") transitional rules where the Board of Immigration Appeals ("BIA") granted the alien voluntary departure, we must decide whether the voluntary departure period is stayed by the filing of a petition for review1 in this court.2 We find that it is and, accordingly,

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