Magana-Pizano v. I.N.S., MAGANA-PIZAN

Citation159 F.3d 1217
Decision Date13 November 1998
Docket NumberMAGANA-PIZAN,Nos. 97-15678,97-70384,P,s. 97-15678
Parties98 Cal. Daily Op. Serv. 8405, 98 Daily Journal D.A.R. 11,671 Danieletitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

Appeal from the United States District Court for the District of Arizona Stephen M. McNamee, District Judge, Presiding and a Petition for Review of an Order of the Board of Immigration Appeals. INS No. A35-822-607. D.C. No. CV 97-00619 SMM.

Before: GOODWIN and THOMAS, Circuit Judges, PREGERSON, * District Judge.

ORDER

It is ordered that the opinion filed on September 1, 1998, be amended to delete the paragraph at page 5, as reported in 152 F.3d 1213 at 1215, which states: Petitions for review filed between the passage of IIRIRA on September 30, 1996, and IIRIRA's general effective date of April 1, 1997, are governed by interim transitional rules. See IIRIRA § 309(c); Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).

In lieu thereof, the following language is hereby substituted:

Immigration proceedings initiated by the INS before IIRIRA's general effective date of April 1, 1997, in which a final deportation or exclusion order was filed after October 30, 1996, are governed by interim transitional rules. See IIRIRA § 309(c); Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).

* The Honorable Dean D. Pregerson, United States District Judge for the Central District of California, sitting by designation.

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    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • April 9, 1999
    ...122 (2d Cir.1998); Goncalves v. Reno, 144 F.3d 110, 118-23 (1st Cir.1998); Magana-Pizano v. INS, 152 F.3d 1213, amended, 159 F.3d 1217 (9th Cir.1998) (per curiam). These courts point out that Congress did not amend the basic federal habeas corpus statute, 28 U.S.C. § 2241, which is broadly ......
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    • March 29, 1999
    ...L.Ed.2d 208 (1999); Henderson v. INS, 157 F.3d 106 (2d Cir.1998); Magana-Pizano v. INS, 152 F.3d 1213 (9th Cir.1998), opinion amended by 159 F.3d 1217, cert. granted, judgment vacated by Magana-Pizano v. INS, 525 U.S. ___, 119 S.Ct. 1137, 143 L.Ed.2d 206 (1999) and cert. granted, judgment v......
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