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PICCIRILLO v. IMMIGRATION & NATURALIZATION SERVICE

No. 74-1914.

512 F.2d 1289 (1975)

Walter Mario PICCIRILLO et al., Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

March 12, 1975.

Attorney(s) appearing for the Case

Seward H. French, Idaho Falls, Idaho, for petitioners.

James L. Browning, Jr., U. S. Atty., Henry Petersen, Asst. U. S. Atty., Bernard Hornbach, I&NS, Joseph Surreck, Regional Counsel, I&NS, John L. Murphy, Chief, Dept. of Justice, John Reddy, District Director, I&NS, Richard I. Chaifetz, Dept. of Justice, San Francisco, Cal., for respondent.

Before MERRILL, CARTER and CHOY, Circuit Judges.

OPINION

PER CURIAM:

The Piccirillo family petition this court for review of the refusal by the Board of Immigration Appeals (the Board) to reconsider the dismissal of their appeal from a Special Inquiry Officer's (S.I.O.'s) denial of their motion to reopen deportation proceedings affecting them. We reverse.

Petitioners are citizens of Uruguay who entered this country at Miami, Florida on May 28, 1968. They failed to depart within the time allowed...

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