Yasmeen Manjiyani v. John Ashcroft, Attorney General Immigration and Naturalization Service

Bad Law
2003 Daily Journal DAR 10249·343 F.3d 1018·2003 WL 22077598·2003 Cal. Daily Op. Serv. 8215·2003 U.S. App. LEXIS 18562
United States Court of Appeals for the Ninth CircuitSeptember 9, 200301-70415California495 words

Opinion

Opinion

ORDER VACATING OPINION AND GRANTING REHEARING

ORDER

This matter is before the court on petitioner Yasmeen Manjiyani’s petition for rehearing and petition for rehearing en banc, filed June 11, 2003. We grant the petition for rehearing and vacate our opinion: Manjiyani v. INS, 324 F.3d 1138 (9th Cir.2003). Manjiyani’s petitions for rehearing arise from this court’s denial of her petition to compel the BIA to reopen her deportation • proceedings on the grounds that the INS failed to provide adequate notice. See id. Manjiyani contends that we erred in determining that she did not notify the INS in Los Angeles that she was in deportation proceedings in the forms that she filed with that office in her petition to adjust status and in which she informed the INS of her Upland, California, address. In her petition for rehearing, she argues that the INS was actually aware of her California address and failed to afford her due process when it sent notice of her deportation proceedings to her former addresses in Washington state. In support of her claim, she submitted her complete application to adjust status that included her Upland address and informed the INS office in Los Angeles that…

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