SEGURA-VIACHI v. I. & N.S.

No. 76-1597. Summary Calendar.

538 F.2d 91 (1976)

Fabian SEGURA-VIACHI and Maria Asuncion Avila de Segura, Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

August 30, 1976.


Attorney(s) appearing for the Case

Albert Armendariz, Sr., El Paso, Tex., for petitioners.

Edward H. Levi, Atty. Gen., U.S. Dept. of Justice, Washington, D.C., John E. Clark, U.S. Atty., San Antonio, Tex., Rex L. Young, Atty., Philip Wilens, Acting Chief, James P. Morris, Atty., Dept. of Justice Gov. Reg. & Labor Sect., Crim. Div., Washington, D.C., for respondent.

B. J. Rumaker, Dist. Dir., Immig. & Nat. Ser., El Paso, Tex., Troy A. Adams, Jr., Dist. Dir., Immig. & Nat. Ser., New Orleans, La., for other interested parties.

Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.


PER CURIAM:

This is a petition for review of an order of deportation. The issue is whether the petitioner husband may take advantage of 8 U.S.C. § 1254, the suspension of deportation statute. We hold that he may not.

The government argues that § 1254 is not available because the husband has failed to meet the statute's requirement of continuous physical presence in the United States for the seven years immediately preceding the application for &...

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