Gustavo Gutierrez-Chavez v. Immigration and Naturalization Service

Ninth Circuit

Gustavo Gutierrez-Chavez v. Immigration and Naturalization Service

337 F.3d 1023, 2003 Daily Journal DAR 8093, 2003 Cal. Daily Op. Serv. 6438, 2003 U.S. App. LEXIS 14608

Court of Appeals for the Ninth Circuit·Decided July 22, 2003·No. 00-56149·Published·Cited by 20 cases

Opinion

ORDER

The opinion filed July 31, 2002, is amended as follows:

298 F.3d 824, 829, line 23 (second column, after “apple”):

Add the following footnote: ‘We do not confront here a claim of failure to exercise discretion or manifest injustice.”

With this amendment, a majority of the panel has voted to deny Petitioner Appellant’s petition for rehearing. Judge McKeown voted to grant the petition for rehearing. Judge B. Fletcher and Judge D.W. Nelson voted to deny the petition for rehearing.

The petition for rehearing is DENIED.

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ORDER

The opinion filed July 31, 2002, is amended as follows:

298 F.3d 824, 829, line 23 (second column, after “apple”):

Add the following footnote: ‘We do not confront here a claim of failure to exercise discretion or manifest injustice.”

With this amendment, a majority of the panel has voted to deny Petitioner Appellant’s petition for rehearing. Judge McKeown voted to grant the petition for rehearing. Judge B. Fletcher and Judge D.W. Nelson voted to deny the petition for rehearing.

The petition for rehearing is DENIED.

Gustavo Gutierrez-Chavez v. Immigration and Naturalization Service, 337 F.3d 1023, 2003 Daily Journal DAR 8093, 2003 Cal. Daily Op. Serv. 6438, 2003 U.S. App. LEXIS 14608 (9th Cir. 2003).

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Opinion

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