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FLORES-CHAVEZ v. ASHCROFT

No. 01-70748.

362 F.3d 1150 (2004)

Jose FLORES-CHAVEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated on August 19, 2002.

Re-Argued on June 18, 2003.

Re-Submitted on March 18, 2004.

Filed March 25, 2004.

Attorney(s) appearing for the Case

Martin Resendez Guajardo, Law Office of Martin Resendez Guajardo, San Francisco, CA, for the Petitioner.

Carl H. McIntyre, Jr., United States Department of Justice, Civil Division, Washington, D.C., for the Respondent.

Lucas Guttentag, American Civil Liberties Union Foundation, Oakland, CA, amicus curiae, for the Petitioner.

Before: WARDLAW, BERZON, Circuit Judges, and ISHII, District Judge.

OPINION

WARDLAW, Circuit Judge:

Jose Flores-Chavez was fifteen years old when the Immigration and Naturalization Service ("INS") detained him for illegally entering the United States and then released him into the custody of an adult relative. Although the adult relative was presumed to take responsibility for Flores' appearance at his deportation hearing, see 8 C.F.R. §§ 242.24(b)(3)-(4) (1993),1 the agency...

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