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KIM v. GONZALES

No. 05-2462.

468 F.3d 58 (2006)

Sareth KIM, Petitioner, v. Alberto GONZÁLES, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Roberto Gonzalez and Audette, Bazar, Berren & Gonzalez Inc. on brief for petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, and Margot L. Nadel, Office of Immigration Litigation, Civil Division, Department of Justice, on brief for respondent.

Before BOUDIN, Chief JUDGE, SELYA, Circuit Judge, and SARIS, District Judge.

BOUDIN, Chief Judge.

Sareth Kim is a native and citizen of Cambodia currently residing in the United States. In January 1983, Kim's status was adjusted to that of "lawful permanent resident" of the United States. In December 1993, Kim shot and killed another man who—Kim's sister told him—had sexually assaulted her. In November 1994, Kim pled nolo contendere in Rhode Island state court to a charge of manslaughter, R.I. Gen. Laws § 11-23-3...

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