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VUE v. GONZALES

No. 06-3515.

496 F.3d 858 (2007)

Kao VUE, Petitioner, v. Alberto GONZALES, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 7, 2007.

Attorney(s) appearing for the Case

Jennifer Dellmuth, argued, DeAnne M. Hilgers, Minneapolis, MN, and John C. Keller, St. Paul, MN, on the brief, for petitioner.

Immigration Law Clinic of the School of Law at the University of California at Davis, Immigrant Legal Resource Center, National Immigration Project of the National Lawyers Guild, amici curiae, Zachary Nightingale, Marc Van Der Hout and Avantika Shastri, on the brief, San Francisco, CA, for petitioner.

Kevin J. Conway, argued, USDOJ, OIL, Washington, DC, for appellee.

Before BYE, RILEY, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Kao Vue challenges the final order of the Board of Immigration Appeals (BIA) denying his special motion to reopen for consideration of relief under repealed § 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c). Having jurisdiction under 8 U.S.C. § 1252(a)(2)(D), this court affirms.

I.

In December 1989, Vue, a Laotian citizen, was admitted to the United States as a refugee. In 1991, he became a...

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