Court of Appeals for the Ninth Circuit July 29, 2002, 00-70916 (June Dumayas Bayudan v. John Ashcroft, Attorney General)

ORDER

June Dumayas Bayudan (“Bayudan”) petitions us to set aside our April 15, 2002, order dismissing for lack of jurisdiction. We grant the petition, set aside our April 15, 2002, order and set a briefing schedule.

In our April 15, 2002, order, we held that we could not hear Bayudan’s case because his Hawaii conviction qualified as an “aggravated felony,” rendering him de-portable under 8 U.S.C.