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NEANG CHEA TAING v. NAPOLITANO

No. 08-1179.

567 F.3d 19 (2009)

NEANG CHEA TAING, Petitioner, Appellee, v. Janet NAPOLITANO, Secretary, Department of Homeland Security, et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided May 20, 2009.

Attorney(s) appearing for the Case

Gjon Juncaj, Trial Attorney, with whom Gregory G. Katsas, Acting Assistant Attorney General, Civil Division, Thomas H. Dupree, Jr., Deputy Assistant Attorney General, David J. Kline, Director, District Court Section, Office of Immigration Litigation, and Victor M. Lawrence, Principal Assistant Director, was on brief for appellants.

Thomas Stylianos, Jr., for appellee.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

Plaintiff-Appellee Neang Chea Taing ("Mrs.Taing") is a Cambodian national who was admitted to the United States on a B-2 non-immigrant visa for pleasure in 2004. In October 2004, Mrs. Taing married Tecumsen Chip Taing ("Mr.Taing"), a citizen of the United States. In December 2004, Mr. Taing filed an I-130 petition on behalf of Mrs. Taing to have her classified as an "immediate relative" so that she would be

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