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HENRY v. IMMIGRATION AND NATURALIZATION SERVICE

Nos. 76-3994, 76-3829 Summary Calendar.

552 F.2d 130 (1977)

Henrius HENRY, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Sylvain GARCONVILLE et al., Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

May 13, 1977.

Attorney(s) appearing for the Case

Michael I. Rose, Miami, Fla., for petitioners.

Lauren S. Kahn, Atty., U. S. Dept. of Justice, Washington, D. C., Philip Wilens, Chief, Dept. of Justice, Gov. Reg. & Labor, James P. Morris, Atty., Criminal Div., Washington, D. C., for respondent.

Before GOLDBERG, CLARK and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

The government seeks to deport petitioners, each a native and citizen of Haiti illegally in this country. Petitioners concede on appeal their deportability.1 They maintain, however, that they are entitled to discretionary withholding of deportation under 8 U.S.C. § 1253(h), which provides:

The Attorney General is authorized to withhold deportation of any alien within the United States to any country...

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