JIANG v. GONZALES

No. 03-71837.

425 F.3d 649 (2005)

Jia-Jian JIANG, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted June 9, 2005.

Filed September 23, 2005.

As Amended October 24, 2005.


Attorney(s) appearing for the Case

Marc Van Der Hout, Zachary Nightingale, Stacy Tolchin, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, for petitioner Jiang.

Peter K. Keisler, Assistant Attorney General, Mary Jane Candaux, Senior Litigation Counsel, Margaret J. Perry, Senior Litigation Counsel, Luis E. Perez, Litigation Counsel, U.S. Department of Justice, Washington, D.C., for respondent Alberto R. Gonzales.

Before: BRIGHT, TASHIMA, and CALLAHAN, Circuit Judges.


OPINION

CALLAHAN, Circuit Judge.

Petitioner Jia-Jian Jiang seeks review of the Board of Immigration Appeals's ("BIA") summary affirmance of the Immigration Judge's ("IJ") decision to deny his request to renew during removal proceedings a previously denied application for adjustment of status under the Chinese Student Protection Act of 1992 ("CSPA"). The IJ denied Jiang's request on the ground that he did not meet the eligibility requirements to renew his...

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