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CHONG SHIN CHEN v. ASHCROFT

No. 02-73473.

378 F.3d 1081 (2004)

CHONG SHIN CHEN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2004.

Attorney(s) appearing for the Case

Alan Sampson, San Francisco, CA, for the petitioner.

Ethan B. Kanter and Regina Byrd, United States Department of Justice, Washington, DC, for the respondent.

Before WALLACE, KOZINSKI, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

In this petition for review, we consider whether the summary affirmance of an Immigration Judge's ("IJ") decision by the Board of Immigration Appeals ("BIA") violated the BIA's streamlining regulations. We conclude that because the legal issue presented was not squarely controlled by existing BIA or federal court precedent, the BIA erred in summarily affirming the IJ's decision. We grant the petition for review and remand the petition to the...

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