Kim

MEMORANDUM ***

This court’s decision in Taniguchi v. Schultz, 303 F.3d 950 (9th Cir.2002) controls this case and precludes the habeas relief sought by Mr. Kim.

REVERSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Circuit Rule 36-3.