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CACHO v. IMMIGRATION AND NAT. SERVICE

Nos. 75-2319, 75-2535.

547 F.2d 1057 (1976)

Rudy CACHO, also known as Melanio Montemayor, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Vilma Aida ALVARENGA de PAZ, also known as Vilma Chavez, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

November 18, 1976.

Attorney(s) appearing for the Case

Robert S. Bixby (argued), of Fallon, Hargreaves, Bixby & McVey, San Francisco, Cal., for petitioner in No. 75-2319.

Donald L. Ungar (argued), of Phelan, Simmons & Ungar, San Francisco, Cal., for petitioner in No. 75-2535.

Richard I. Chaifetz, Atty. (argued), of Government Regulations Section, Crim. Div., U. S. Dept. of Justice, Washington, D. C., for respondent.

Before MERRILL and HUFSTEDLER, Circuit Judges, and KING, District Judge.

MERRILL, Circuit Judge:

These consolidated petitions seek this court's review of final decisions of the United States Immigration and Naturalization Service ordering deportation of the petitioners. The issue presented is whether the Board of Immigration Appeals erred in not applying the waiver of deportation provisions of § 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251(f), to aliens who were excludable at the time of entry by virtue of the...

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