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GUTIERREZ-RUBIO v. IMMIGRATION & NATURALIZATION SERV.

No. 71-1831 Summary Calendar.

453 F.2d 1243 (1972)

Roberto GUTIERREZ-RUBIO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

January 13, 1972.

Attorney(s) appearing for the Case

Glen Sutherland, El Paso, Tex., for petitioner.

John N. Mitchell, Atty. Gen. of U. S., Dept. of Justice, Washington, D. C., Troy A. Adams, Jr., District Director, INS., New Orleans, La., Ralph E. Harris, Asst. U. S. Atty., District Director, Immigration & Nat. Service, El Paso, Tex., William S. Sessions, U. S. Atty., San Antonio, Tex., for respondent.

William E. Weinert, Trial Atty., Immigration and Naturalization Service, of counsel.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Roberto Gutierrez-Rubio, an alien, was convicted of violating the Texas firearms statute by having in his possession a weapon which could be fired both automatically and semi-automatically. Such a conviction is a ground for deportation.1 Deportation proceedings were begun but before completion, appellant was granted relief under the Texas Adult Probation and Parole Law2 which serves to relieve a...

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