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LARA-TORRES v. GONZALES

Nos. 02-72329, 03-70931, 03-70932.

404 F.3d 1105 (2005)

Dagoberto LARA-TORRES; Erika Lara-Perez, Petitioners, v. Alberto GONZALES, Attorney General, Respondent. Dagoberto Lara-Torres; Erika Lara-Perez, Petitioners, v. Alberto Gonzales, Attorney General, Respondent. Dagoberto Lara-Torres; Erika Lara-Perez, Petitioners, v. Alberto Gonzales, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2004.

Amended April 21, 2005.

Attorney(s) appearing for the Case

Marc Van Der Hout, Van Der Hout, Brigagliano & Nightingale, San Francisco, CA, for the petitioners.

Russell J.E. Verby, U.S. Dept. of Justice, Washington, D.C., for the respondent.

Before WALLACE, McKEOWN, Circuit Judges, and MOSKOWITZ, District Judge.

ORDER

The majority opinion filed September 8, 2004, slip op. 12991, and appearing at 383 F.3d 968 (9th Cir.2004), is hereby amended as follows:

1. Page 974, at end of second full paragraph, after citation to Iturribarria, 321 F.3d at 900-01, insert: "While this temporal distinction may not always be significant, in this case, Pineda's allegedly ineffective assistance did not undermine the fairness of the removal...

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