No. 06-9594.

527 F.3d 1103 (2008)

Bo Hae LEE, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

June 3, 2008.

Attorney(s) appearing for the Case

David M. Cook, Kenneth Y. Geman & Associates, Chicago, IL, for Petitioner.

Joanne E. Johnson, Attorney, (Anh-Thu P. Mai, Senior Litigation Counsel, with her on the brief), U.S. Department of Justice, Washington, D.C., for Respondent.

Before KELLY, McKAY, and HARTZ, Circuit Judges.

McKAY, Circuit Judge.

Petitioner Bo Hae Lee seeks judicial review to determine whether an agency's statutory construction of one of its operating statutes is legally permissible. Ms. Lee is a citizen of South Korea. She came to the United States as a twelve-year-old in 1999 with her parents on a B-2 nonimmigrant visitor visa. She subsequently applied for and received a change in visa status to the F-1 nonimmigrant student category, allowing her to attend a private...

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