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GONZALEZ-RIVERA v. I.N.S.

No. 92-70492.

22 F.3d 1441 (1994)

Mario GONZALEZ-RIVERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1994.

Attorney(s) appearing for the Case

Raul M. Montes, Armando M. Montes and Gilbert M. Montes, Montes, Montes & Montes, San Diego, CA, for petitioner.

David J. Kline, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: CHOY, TANG, and D.W. NELSON, Circuit Judges.

Opinion by Judge D.W. NELSON; Concurrence by Senior Judge TANG, Partial Dissent by Judge CHOY.

D.W. NELSON, Circuit Judge:

OVERVIEW

Mario Gonzalez-Rivera (Gonzalez) petitions this Court to review the Board of Immigration Appeal's (BIA) reversal of the decision by the Immigration Judge (IJ). The IJ found that the Border Patrol officers had stopped Gonzalez based solely on his Hispanic appearance in violation of the Fourth Amendment. The IJ...

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