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IOURI v. ASHCROFT

Docket Nos. 02-4992(L), 02-4998(CON), 03-40132(CON), 03-40134(CON).

487 F.3d 76 (2007)

Vladimir IOURI and Vera Yuriy, Petitioners, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2006.

Amended: September 13, 2006.

On Petition for Rehearing: Decided May 24, 2007.

Amended: May 24, 2007.

Attorney(s) appearing for the Case

Irina Kogan, Brooklyn, NY, Dan M. Kahan, Yale Law School Supreme Court Advocacy Clinic, New Haven, CT; Charles A. Rothfeld and Andrew Pincus, Mayer, Brown, Rowe & Maw LLP, Washington, DC, for Petitioners.

John C. Cunningham, Senior Litigation Counsel (Peter D. Keisler, Assistant Attorney General, Linda S. Wendtland, Assistant Director, on the brief), Office of Immigration Litigation, Washington, DC, for Respondent.

Before: SOTOMAYOR, RAGGI, and HALL, Circuit Judges.

On consideration of the petition for rehearing, the opinion issued on September 11, 2006, is modified in order to clarify that, following the repeal of IIRIRA's transitional rules, our court no longer lacks jurisdiction to review petitions for stays of deportation. For ease of reference, a fully revised opinion shall issue this date.

1. We delete the following sentences of the opinion found at 464 F.3d at 178-79:

Petitioners here, however, are subject to...

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