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NEWTON v. IMMIGRATION & NATURALIZATION SERVICE

No. 80-1172.

622 F.2d 1193 (1980)

Cedric NEWTON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 17, 1980.

Attorney(s) appearing for the Case

J. Steven Xanthopoulos, Legal Services of the V. I., Fredericksted, St. Croix, V. I., argued, for petitioner.

Chester J. Halicki, Atty., Dept. of Justice, Washington, D. C., with whom James B. Morris, Atty., Gen. Litigation and Legal Advice Section, Criminal Division, Washington, D. C., was on brief, argued for respondent.

Before ADAMS, MARIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

MARIS, Circuit Judge.

This is a petition to review an order of the Board of Immigration Appeals dismissing the appeal of Cedric Newton from an order for his deportation previously issued by an immigration judge. Pursuant to the order of the Board, a warrant of deportation was issued and on December 27, 1979, Newton was deported. The government urges that the petition was untimely, having been filed after Newton's deportation had been...

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