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ROSALES-CABALLERO v. IMMIGRATION & NATURALIZATION SERV.

No. 72-2229.

472 F.2d 1158 (1973)

Israel ROSALES-CABALLERO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

January 26, 1973.

Attorney(s) appearing for the Case

Denise David Schwartzman, Legal Services of Greater Miami, Inc., Miami, Fla., for petitioner.

Richard G. Kleindienst, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Troy A. Adams, Jr., Dist. Director, I. N. S., New Orleans, La., Robert W. Rust, U. S. Atty., Robert L. Woytych, Dist. Director, I. N. S., Miami, Fla., John L. Murphy, Donald H. Feige, Dept. of Justice, Washington, D. C., for respondent.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

PER CURIAM:

This petition for review under section 106 of the Immigration and Nationality Act, 8 U.S.C. § 1105a, seeks to raise the issue whether an indigent alien has a constitutional right to counsel in a deportation proceeding. Two separate sections of the Act, sections 242(b)(2) and 292, 8 U.S.C. §§ 1252(b) and 1362, contain an identical provision that an alien in a deportation proceeding "shall have the privilege of being represented (at no expense...

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