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HUANG v. ASHCROFT

No. 03-16730.

390 F.3d 1118 (2004)

Bi Song HUANG, Petitioner-Appellant, v. John ASHCROFT, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2004.

As Amended January 31, 2005.

Attorney(s) appearing for the Case

James Todd Bennett, El Cerrito, CA, for the petitioner-appellant.

Edward A. Olsen, Assistant United States Attorney, San Francisco, CA, for the respondent-appellee.

Before CANBY, RYMER, and HAWKINS, Circuit Judges.

RYMER, Circuit Judge:

This appeal raises the question whether all motions to reopen proceedings that resulted in a final order of removal before March 22, 1999 to seek protection under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) are subject to the time limitation imposed by 8 C.F.R. § 208.18(b)(2) without regard to the form of protection —...

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