
    Joon Ho KIM, Petitioner—Appellee, v. John ASHCROFT, Attorney General, Respondent—Appellant.
    No. 01-55152.
    D.C. No. CV-00-01759-BTM.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 7, 2001.
    
    Decided June 18, 2003.
    Before PREGERSON, TASHIMA and BERZON, Circuit Judges.
    
      
       John Ashcroft is substituted for his predecessor, Janet Reno, as Attorney General of the United States. Fed. R.App. P. 43(c)(2)
    
    
      
      The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App P. 34(a)(2).
    
   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.
     