KON v. GONZALES

No. 03-71121.

400 F.3d 1225 (2005)

Kai Ki KON, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2005.


Attorney(s) appearing for the Case

David Gardner (argued) and Louis A. Gordon (briefed), Law Offices of David Gardner, Los Angeles, CA, for the petitioner-appellant.

Paul Fiorino (argued) and Hillel R. Smith (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent-appellee.

Before FERGUSON, NOONAN, and HAWKINS, Circuit Judges.


PER CURIAM.

Kai Ki Kon ("Kon"), a native and citizen of Hong Kong, petitions for review of the Board of Immigration Appeals' ("BIA's") decision summarily affirming an immigration judge's denial of asylum and withholding of removal. As an initial matter, we must decide whether Kon's voluntary departure from the United States deprives this Court of jurisdiction. We find that it does and, accordingly, dismiss Kon's claims for lack of jurisdiction.

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