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HEM v. MAURER

No. 05-9555.

458 F.3d 1185 (2006)

Bovy HEM, Petitioner, v. Douglass MAURER, Interim Field Director, United States Immigration and Customs Enforcement, United States Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Tenth Circuit.

August 18, 2006.

Attorney(s) appearing for the Case

Laura L. Lichter, Lichter & Associates, Denver, CO, for the Petitioner.

Donald E. Keener, Deputy Director, United States Department of Justice, Civil Division, Office of Immigration Litigation (Alison Marie Igoe, Senior Litigation Counsel, with him on the brief), Washington, D.C., for the Respondents.

Before HENRY, HOLLOWAY, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

Bovy Hem first entered this country as a Cambodian refugee in 1981 and has been a legal resident ever since. In 1990, Hem was involved in a car accident which left him a paraplegic. Four years later, he was convicted of assaulting a police officer when he refused to let go of a traffic sign and grabbed the officer's shirt, tearing it as he fell from his wheelchair to the ground. In 1999, the Immigration and Naturalization Service ("INS") began...

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