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PHAN v. SMITH

No. C98-234Z.

56 F.Supp.2d 1158 (1999)

Binh PHAN, Petitioner, v. Richard SMITH, Director, Department of Immigration & Naturalization, Respondent.

United States District Court, W.D. Washington, at Seattle.

July 9, 1999.

Attorney(s) appearing for the Case

Susan L. Barnes, McKay, Chadwell, PLLC, Seattle, WA, for petitioner.

Quynh Vu, U.S. Dept. of Justice, Office of Immigration Litigation, Christopher Lee Pickrell, U.S. Attorney's Office, Seattle, WA, for respondent.

ORDER

ZILLY, District Judge.

I. Background

This Order applies the legal framework set forth in the Joint Order1 to the facts of petitioner Phan's case. Petitioner Binh Phan is a 27-year-old native and citizen of Vietnam. He entered the United States in 1984, and became a lawful permanent resident in 1986. His first criminal conviction occurred in 1991, for possession of stolen

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