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ESTRADA-ESCOBAR v. ASHCROFT

No. 02-9568.

376 F.3d 1042 (2004)

Marco Antonio ESTRADA-ESCOBAR; Ada Marlene Estrada; Marco Antonio Estrada; Johnny Christopher Estrada; Ada Rosa Estrada, Petitioners, v. John ASHCROFT, Respondent. American Immigration Law Foundation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 20, 2004.

Attorney(s) appearing for the Case

Shelley Wittevrongel, Boulder, CO, for Petitioners.

Peter D. Keisler, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Jennifer A. Parker, Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.

Mary A. Kenney, Beth Werlin, and Nadine K. Wettstein, Washington, D.C., American Immigration Law Foundation, as Amicus Curiae.

Before EBEL, BALDOCK, and LUCERO, Circuit Judges.

BALDOCK, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Petitioners are natives and citizens of Peru. They have overstayed their visitors' visas to this country and acknowledge their status as removable...

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