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LONG v. GONZALES

No. 04-60399.

420 F.3d 516 (2005)

Vily LONG, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 9, 2005.

Attorney(s) appearing for the Case

Simon M. Azar-Farr, Simon Azar-Farr & Associates, San Antonio, TX, for Petitioner.

Ernesto Horacio Molina, Jr., David V. Bernal, Thomas Ward Hussey, Director, U.S. Dept. of Justice, Office of Immigration Litigation, Alberto R. Gonzales, U.S. Dept. of Justice, Washington, DC, Hipolito Acosta, U.S. I.N.S., Houston, TX, Caryl G. Thompson, U.S. I.N.S., Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before KING, Chief Judge, DAVIS, Circuit Judge, and ROSENTHAL, District Judge.

PER CURIAM:

Petitioner Vily Long appeals a decision by the Board of Immigration Appeals that his departure from the United States while his appeal to the BIA was pending resulted in a withdrawal of his appeal under 8 C.F.R. § 1003.4. Because we conclude that Long departed under § 1003.4, we DENY Long's petition for review.

I. FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Vily Long, a citizen of Cambodia, entered the United States in February...

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