MA v. RENO

No. 99-35976.

208 F.3d 815 (2000)

Kim Ho MA, Petitioner-Appellee, v. Janet RENO, Attorney General; and Robert C. Smith, District Director of the Immigration and Naturalization Service, Seattle, Washington, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 2000.


Attorney(s) appearing for the Case

Quynh Vu, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent-appellant.

Jay Warren Stansell, Jennifer E. Wellman, Federal Public Defender's Office, Seattle, Washington, for the petitioner-appellee.

George A. Cumming, Jr., Brobeck, Phleger & Harrison, San Francisco, CA, Charles D. Weisselberg, Ana Ayala (Law Student) and Matthew Schultz (Law Student), Center for Clinical Education, University of California, School of Law (Boalt Hall), Berkeley, CA, for amicus Law Professors.

Todd Burns, Federal Public Defenders of San Diego, San Diego, CA, for amicus National Association of Criminal Defense Lawyers.

William J. Aceves, California Western School of Law, San Diego, CA, for amici Human Rights Watch, Human Rights Advocates, the Jesuit Refugee Service, the World Organization Against Torture USA, and the Extradition and Human Rights Committee of the American Branch of the International Law Association.

Carolyn M. Wiggin, Assistant Federal Public Defender, Sacramento, CA; for amicus Federal Public Defender.

Frank Tse, San Franciso, CA, for amicus Southeast Asia Resource Action Center.

Before: REINHARDT, THOMPSON, and T.G. NELSON, Circuit Judges.


REINHARDT, Circuit Judge:

Petitioner Kim Ho Ma is an alien who left his native land, Cambodia, as a refugee at the age of two and has resided in the United States as a legal permanent resident since he was six. At the age of seventeen he was involved in a gang-related shooting, and was convicted of manslaughter. After completing his prison sentence some two years later, he was taken into INS custody and ordered removed because of that conviction. However, the INS...

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