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SOTELO v. GONZALES

No. 03-74083.

430 F.3d 968 (2005)

Sergio Fajardo SOTELO; Prisca Ramirez Aleman; Yadira Betzave Fajardo Aleman, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2005.

Amended December 7, 2005.

Attorney(s) appearing for the Case

Murray D. Hilts, San Diego, CA, for the petitioners-appellants.

S. Nicole Nardone and Leslie McKay, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent-appellee.

Before: FARRIS, DAVID R. THOMPSON, and JAY S. BYBEE, Circuit Judges.

FARRIS, Circuit Judge:

Petitioners challenge the Board of Immigration Appeals' denial of their motion to reopen deportation proceedings. Their motion was made in an attempt to avail themselves of the class action settlement approved in Barahona-Gomez v. Ashcroft, 243 F.Supp.2d 1029 (N.D.Cal.2002). That settlement permitted eligible immigrants to apply for suspension of deportation under the law as it existed prior to...

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