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KAY v. ASHCROFT

No. 02-3140, 03-2125.

387 F.3d 664 (2004)

Maung Zar KAY, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 2004.

Attorney(s) appearing for the Case

Rhoda W. Domingo, Kim D. Pederson (argued), San Francisco, CA, for Petitioner.

George P. Katsivalis, Chicago, IL, Aviva L. Poczter (argued), Emily A. Radford, Washington, DC, for Respondent.

Before RIPPLE, KANNE, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Maung Zar Kay, a Burmese national, born February 4, 1978, fled to the United States in October 1997.1 He was admitted into this country as a tourist seeking asylum on October 8, 1997. The Board ordered Kay removable in absentia on September 9, 1998. Kay sought to reopen the proceedings for substantive consideration of his asylum and withholding of removal petition...

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