AGUILERA-ENRIQUEZ v. IMMIGRATION & NAT. SERV.

No. 74-1565.

516 F.2d 565 (1975)

Jesus AGUILERA-ENRIQUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Sixth Circuit.

May 7, 1975.


Attorney(s) appearing for the Case

Robert S. Catz (argued), Howard S. Scher (argued), Burton D. Fretz, Alfonso J. Gonzalez, Migrant Legal Action Program, Inc., Washington, D.C., Phyllis A. Reha, Michigan Migrant Legal Assistance Program, Saginaw, Michigan, for petitioner.

Robert Kendall (argued), U.S. Justice Dept., Washington, D.C., William N. Milligan, U.S. Atty., Cincinnati, Ohio, Immigration and Naturalization Service, Cincinnati, Ohio, for respondent.

Before CELEBREZZE and McCREE, Circuit Judges, and DeMASCIO, District Judge.


CELEBREZZE, Circuit Judge.

Petitioner, Jesus Aguilera-Enriquez, seeks reversal of a deportation order on the ground that he was constitutionally entitled to but was not afforded the assistance of counsel during his deportation hearing. He also claims that the narcotics conviction on which his deportation order is based is not yet final and should not be available as a basis for his expulsion from the United States.

A thirty-nine-year-old native and citizen...

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