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KYONG HO SHIN v. HOLDER

Nos. 06-73782, 06-73785.

607 F.3d 1213 (2010)

KYONG HO SHIN; Jin Hee Shin, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2010.

Attorney(s) appearing for the Case

John J. Marandas, Lake Oswego, OR, for the petitioners.

Alison Marie Igoe and Lindsay Williams, United States Department of Justice, Civil Division/Office of Immigration Litigation, for the respondent.

Before J. CLIFFORD WALLACE, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

We consider a non-citizen's eligibility for a waiver of inadmissibility under § 212(k) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1182(k) ("§ 212(k) waiver" or "§ 212(k) relief"). Section 212(k) applies to "immigrants who were unaware of their ineligibility for admission and who could not have discovered the ineligibility by exercise of reasonable diligence." Senica v. INS, 16 F.3d...

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