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PADILLA-PADILLA v. GONZALES

Nos. 02-73627, 03-73964.

463 F.3d 972 (2006)

Jose J. PADILLA-PADILLA; Guadalupe D. Padilla-Enriquez; Adela Enriquez, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2006.

Attorney(s) appearing for the Case

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

David V. Bernal and Ernesto H. Molina, U.S. Department of Justice, Washington, DC, for the respondent.

Before: TASHIMA, W. FLETCHER, and CALLAHAN, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

Based on advice of counsel, the Padillas filed an application for asylum shortly before the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA" or "Act"). After the Act's effective date, the former Immigration and Naturalization Service ("INS")1 initiated removal proceedings against them. Because these proceedings were initiated after the Act's effective...

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