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VELEZ-LOZANO v. IMMIGRATION AND NATURALIZATION SERV.

No. 71-1125.

463 F.2d 1305 (1972)

Jairo VELEZ-LOZANO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1972.

Attorney(s) appearing for the Case

Mr. Arthur J. Whalen, Jr., Washington, D. C., for petitioner.

Mr. Murray R. Stein, Atty., Dept. of Justice, of the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of Court, with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, George W. Masterton, Atty., Dept. of Justice, and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge and TAMM and MacKINNON, Circuit Judges.

PER CURIAM:

In this appeal we are asked to determine whether the Immigration and Naturalization Service (hereinafter the "Service") is empowered to order the deportation of Mr. Velez, a Colombian citizen, for engaging in the act of consensual sodomy. This determination can only be made upon a finding of whether Velez has been convicted of a crime of moral turpitude and whether he has been sentenced to a term of confinement...

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