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FALCON CARRICHE v. ASHCROFT

No. 02-71143.

335 F.3d 1009 (2003)

Gerardo Bibiano FALCON CARRICHE; Theresa V. De Falcon Carriche; and Christina Pamela Falcon Bibiano, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2003.

Attorney(s) appearing for the Case

Susan E. Hill, Law Offices of Susan E. Hill, Los Angeles, CA, for the petitioners.

Robert D. McCallum, Jr., Julia K. Doig, and Audrey B. Hemesath, United States Department of Justice, Washington, DC, for the respondent.

Mary K. Kenney, Nadine K. Wettstein, and Beth Werlin, American Immigration Law Foundation, Washington, DC, for amicus curiae American Immigration Law Foundation.

Before: T.G. NELSON, SILVERMAN, and McKEOWN, Circuit Judges.

Opinion by Judge McKEOWN; Partial concurrence and partial dissent by Judge T.G. NELSON.

OPINION

McKEOWN, Circuit Judge.

In this case of first impression in the Ninth Circuit, we are presented with constitutional and regulatory challenges to the Board of Immigration Appeals' ("BIA") recently-adopted streamlining procedures. Under those procedures, a single member of the BIA may affirm the decision of the Immigration Judge ("IJ"), thus bypassing the...

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