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NGONGO v. ASHCROFT

No. 03-70903.

397 F.3d 821 (2005)

Alphonsine NGONGO, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2005.

Attorney(s) appearing for the Case

Victor M. Castro, Castro & Flores-Cerul, San Jose, CA, for the petitioner.

Peter D. Keisler, Assistant United States Attorney General, Civil Division; David V. Bernal, Assistant Director; and Andrew C. Maclachlan, Office of Immigration Litigation, Washington, DC, for the respondent.

Before O'SCANNLAIN, SILER, JR., and HAWKINS, Circuit Judges.

Opinion by Judge SILER; Dissent by Judge HAWKINS.

SILER, Circuit Judge.

Alphonsine Ngongo, a native and citizen of the Congo, petitions for review of the decision of the Board of Immigration Appeals ("BIA") ordering her deported as an alien who procured her visa to remain in the United States by marital fraud. 8 U.S.C. § 1251(a)(1)(G)(ii).1

In 1991, Ngongo entered the United States under a student visa. In 1994, she...

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