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NAVARRO v. MUKASEY

No. 04-70324.

518 F.3d 729 (2008)

Carlos P. NAVARRO; Belem Carolina Navarro, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2008.

Attorney(s) appearing for the Case

Kevin A. Bove, Escondido, CA, for the petitioners.

Peter D. Keisler, Assistant Attorney General, Civil Division, United States Department of Justice, David Bernal, Assistant Director, Anthony C. Payne, Attorney, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.

Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge Pregerson; Concurrence by Judge CLIFTON.

PREGERSON, Circuit Judge:

Petitioners Carlos Navarro and Belem Carolina Navarro (the "Navarros") moved the Board of Immigration Appeals ("BIA") to reopen their deportation proceedings on the basis that they qualified for the benefits of the Barahona-Gomez v. Ashcroft, 243 F.Supp.2d 1029 (N.D.Cal.2002) ("Barahona-Gomez II"), class action settlement...

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