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BARTHOLD v. U. S. IMMIGRATION & NATURALIZATION SERV.

No. 74-2588.

517 F.2d 689 (1975)

Edmond BARTHOLD, Petitioner, v. U. S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

August 15, 1975.

Attorney(s) appearing for the Case

Donald I. Bierman, Miami, Fla., for petitioner.

Rex Young, Atty., Gov. Regulations, John L. Murphy, Crim. Div., Washington, D. C., John L. Briggs, U. S. Atty., Miami, Fla., Edward H. Levi, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., District Director, U. S. Dept. of Justice Immig. & Nat., Miami, Fla., Troy A. Adams, Jr., District Director, Immig. & Nat., New Orleans, La., for respondent.

Before BELL, DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

Barthold is a citizen of Haiti who came to the United States via Cuba in a small boat. He landed near Fort Pierce, Florida, admittedly entering the country without inspection. The next day, however, he went to the Miami Immigration & Naturalization Service office and requested political asylum. The request was denied by the district director after consultation with the State Department.

At his hearing before the immigration judge,...

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