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KANKAMALAGE v. I.N.S.

No. 02-71415.

335 F.3d 858 (2003)

Jayantha Edirsinghe KANKAMALAGE, Petitioner, v. IMMIGRATION and NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2003.

Attorney(s) appearing for the Case

Robert B. Jobe, San Francisco, CA, for the petitioner-appellant.

Ethan B. Kanter and Earle B. Wilson, United States Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for the respondent-appellee.

Before BROWNING, B. FLETCHER, and SILVERMAN, Circuit Judges.

OPINION

SILVERMAN, Circuit Judge:

In 1988, when petitioner Jayantha Kankamalage pleaded guilty to robbery, a conviction for that offense did not categorically disqualify him from consideration for asylum. In 1990, a new regulation was promulgated that changed that; he became categorically ineligible for a discretionary grant of asylum. In accordance with INS v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347...

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