United States Ninth Circuit

Petition for review of a denial of petitioners' motion to reopen their deportation proceedings on the basis that they qualified for the benefits of a particular class action settlement is granted where: 1) petitioners were "scheduled" for a merits hearing between February 13 and April 1, their hearing was continued to a date after IIRIRA took effect, and they were denied relief on the basis of the stop-clock rule; and 2) consequently, they were class members eligible for relief.

Appellate Information

• Argued 10/20/2006
• Decided 03/04/2008
• Published 03/04/2008

Judges

• Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin A. Bove, Escondido, CA, for the petitioners.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, United States Department of Justice, David Bernal, Assistant Director, Anthony C. Payne, Attorney, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent.