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MARCELLO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 71-1343 Summary Calendar.

449 F.2d 349 (1971)

Carlos MARCELLO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

October 5, 1971.

Attorney(s) appearing for the Case

Jack Wasserman, Washington, D. C., for petitioner.

John N. Mitchell, Atty. Gen. of U. S., Dept. of Justice, Washington, D. C., Troy A. Adams, Jr., Dist. Dir., I. N. S., Gerald J. Gallinghouse, U. S. Atty., E. D. La., New Orleans, La., George W. Masterton, Jr., Atty., Crim. Div., Dept. of Justice, Washington, D. C., K. Eric Gisleson, Sp. Atty., Crim. Div., U. S. Dept. of Justice, New Orleans, La., for respondent; Will Wilson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., of counsel.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

In 1963 Petitioner Marcello filed a motion to reopen a 1961 deportation proceeding which the Immigration and Naturalization Service denied. On December 9, 1970, petitioner filed a second motion to reopen, the denial of which is here under review. The Immigration and Naturalization Service on both occasions held that petitioner was premature in his petitions to reopen the case. The Immigration and Naturalization Service reached this conclusion by considering...

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