United States Ninth Circuit

Because the INS filed no charging document against petitioner prior to the effective date of IIRIRA, she was not "in proceedings" on that date, and the IIRIRA's transitional rules never applied to her. Her motion for cancellation of removal was properly denied.

Appellate Information

• Argued 03/10/2004
• Decided 04/23/2004
• Published 04/23/2004

Judges

• WEINER, Senior District Judge:, Before HALL and GRABER, Circuit Judges, and WEINER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher J. Stender and Michael Franquinha, Law Office of Michael Franquinha, Phoenix, Arizona, for the petitioner.


• For Appellees:
  
• Jonathan Cohn and Terri J. Scadron, United States Department of Justice, Washington, D.C., for the respondent.