CHANG v. I.N.S.

No. 01-35626.

307 F.3d 1185 (2002)

Steve Kie CHANG, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2002.


Attorney(s) appearing for the Case

Frederick P.S. Whang (argued), Whang & Grotz, Seattle, WA, for the petitioner-appellant.

Daniel C. Goldman (argued), United States Department of Justice, Washington, DC. Appearances only by John McKay, United States Attorney, Western District of Washington; Christopher L. Pickrell, Assistant United States Attorney, Seattle, WA, for the respondent-appellee.

Before D.W. NELSON, THOMPSON and PAEZ, Circuit Judges.


OPINION

D.W. NELSON, Circuit Judge.

Steve Kie Chang pled guilty to one count of bank fraud for passing a bad check. Chang and the government agreed in a written plea agreement that the loss to the victim that resulted from the bank fraud conviction was $605.30. Now the Immigration and Naturalization Service ("INS") argues that it may rely on other evidence in the record to establish that Chang caused a much greater loss to the victim (over $10,000) —...

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