Sokha Sun v. John Ashcroft, Attorney General Immigration and Naturalization Service Robert Coleman, District Director of Ins

Petitioner Sokha Sun was born in a refugee camp in Thailand as a Cambodian refugee. He entered the United States at the age of two-and-a-half months, on July 24, 1979. Sun’s status was adjusted to lawful permanent resident (“LPR”) in August 1983, retroactive to his date of entry. One of Sun’s sisters is an American citizen, and his mother and another sister are LPRs.

In February 2001, Sun pled guilty to possession of a stolen firearm, and was sentenced to a year and a day in jail. The Immigration and Naturalization Service (“INS”) subsequently issued a Notice to Appear, alleging Sun to be removable because of his firearm conviction. The Notice was later amended to charge an aggravated felony. In April 2002, an Immigration Judge (“IJ”) in Seattle issued an order of removal on this basis, finding Sun to be ineligible for asylum and cancellation of removal. Sun withdrew his applications for withholding of removal and relief under the Convention Against Torture. He waived his right to appeal, thereby making his removal order final.

In June 2002, Sun filed the habeas petition now before us. A magistrate judge recommended that the petition be denied, and the district court adopted her…