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CHAU v. I.N.S.

No. 99-70448.

247 F.3d 1026 (2001)

Dung Van CHAU, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2001

Attorney(s) appearing for the Case

Nancy-Jo Merritt, Fragomen, Del Rey, Bernsen & Loewy, P.C., Phoenix, Arizona, for the petitioner.

Susan Houser, Allen W. Hausman, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: MARY M. SCHROEDER, Chief Judge, and ROBERT R. BEEZER and RICHARD A. PAEZ, Circuit Judges.

Argued and Submitted October 6, 2000 — San Francisco, California

PAEZ, Circuit Judge:

Dung Van Chau petitions for review of a decision of the Board of Immigration Appeals (BIA), which reversed the determination of the Immigration Judge (IJ) terminating deportation proceedings. The IJ held that the Immigration and Naturalization Service (INS) failed to meet its threshold burden of establishing that Chau is an alien. The BIA, concluding that the INS had...

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