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LOPEZ-MOLINA v. ASHCROFT

No. 02-74095.

368 F.3d 1206 (2004)

Javier Ramon LOPEZ-MOLINA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted February 25, 2004.

Filed June 2, 2004.

Attorney(s) appearing for the Case

Bertram Polis, Tucson, AZ, for the petitioner.

Genevieve Holm, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: TASHIMA and CLIFTON, Circuit Judges, and LEIGHTON, District Judge.

Opinion by Judge Clifton; Dissent by Judge Tashima

CLIFTON, Circuit Judge:

Javier Ramon Lopez-Molina, a native and citizen of Mexico, petitions for review of a summary affirmance by the Board of Immigration Appeals (BIA) of an order of removal entered by the immigration judge (IJ). Before addressing the merits of his petition, we must determine whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) divests this court of jurisdiction...

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