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SUN v. ASHCROFT

No. 02-36132.

370 F.3d 932 (2004)

Sokha SUN, Petitioner-Appellant, v. John ASHCROFT, Attorney General; Immigration and Naturalization Service; Robert Coleman, District Director of INS, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2004.

Attorney(s) appearing for the Case

Robert Pauw, Gibbs Houston Pauw, Seattle, WA, for the petitioner-appellant.

Christopher L. Pickrell, Assistant United States Attorney, Seattle, WA, for the respondents-appellees.

Before: THOMPSON, HAWKINS, and BERZON, Circuit Judges.

BERZON, Circuit Judge:

Petitioner Sokha Sun was born in a refugee camp in Thailand as a Cambodian refugee. He entered the United States at the age of two-and-a-half months, on July 24, 1979. Sun's status was adjusted to lawful permanent resident ("LPR") in August 1983, retroactive to his date of entry. One of Sun's sisters is an American citizen, and his mother and another sister are LPRs.

In February 2001, Sun pled...

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