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PACHECO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 76-1203.

546 F.2d 448 (1976)

Cesar Nicolau PACHECO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

November 15, 1976.

Attorney(s) appearing for the Case

Thomas R. Barbieri, Lawrence, Mass., for petitioner.

Richard I. Chaifetz, Atty., Dept. of Justice, Washington, D.C., with whom Philip Wilens, Chief, Government Regulations and Labor Section, Crim. Div., and James P. Morris, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondent.

Before COFFIN, Chief Judge, CLARK, Associate Justice, U.S. Supreme Court (Ret.), and McENTEE, Circuit Judge.

COFFIN, Chief Judge.

Petitioner seeks review of an order of the Board of Immigration Appeals dismissing his appeal from the deportation order of an Immigration Judge. Petitioner in a single state trial had been convicted under two separate indictments of breaking and entering in the nighttime with intent to commit larceny. One indictment charged an August 4, 1974 entry into a restaurant; the second charged an August 6, 1974 entry

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