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ROJAS-GARCIA v. ASHCROFT

No. 02-35788.

339 F.3d 814 (2003)

Oscar ROJAS-GARCIA, Petitioner-Appellant, v. John ASHCROFT, Attorney General; Immigration and Naturalization Service; Robert S. Coleman, Jr., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2003.

Attorney(s) appearing for the Case

Robert Pauw and Marie Higuera, Gibbs Houston Pauw, Seattle, WA, for the petitioner.

John McKay, United States Attorney for the Western District of Washington, and Christopher L. Pickrell, Assistant United States Attorney, Seattle, WA, for the respondents.

Before O'SCANNLAIN, GOULD, Circuit Judges, and BOLTON, District Judge.

OPINION

GOULD, Circuit Judge.

Appellant Oscar Rojas-Garcia is subject to a final order of deportation. Rojas-Garcia does not challenge deportability, but rather challenges the determination that he is inadmissible, and therefore ineligible for adjustment of status, under the Immigration and Naturalization Act (INA) § 212(a)(2)(C).1 In this petition for Writ of Habeas Corpus...

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