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BELISHTA v. ASHCROFT

No. 03-70051.

378 F.3d 1078 (2004)

Natasha BELISHTA; Franc Belishta; Desara Belishta, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2004.

Attorney(s) appearing for the Case

Susan Rossiter, Immigration Counseling Service, Portland, OR, Philip Smith, Hecht & Smith, L.L.P., Portland, OR, for the petitioners.

John S. Hogan, Anthony P. Nicastro, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before REAVLEY, W. FLETCHER, and TALLMAN, Circuit Judges.

ORDER

This is an unusual case. For the following reasons, we deny in part and dismiss in part the petition for review. However, in order to allow the Board of Immigration Appeals ("BIA") an opportunity to address an unresolved issue of first impression in this circuit, we stay our mandate for 120 days.

I

Natasha Belishta seeks asylum under a relatively new immigration regulation, 8 C.F.R. § 1208.13(b)(1)(iii)(B), which provides an opportunity...

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