VARGAS-GONZALEZ v. IMMIGRATION & NATURALIZATION SERV.

No. 80-1213.

647 F.2d 457 (1981)

Francisco VARGAS-GONZALEZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, etc., Respondent.

United States Court of Appeals, Fifth Circuit. Unit A

May 22, 1981.


Attorney(s) appearing for the Case

Joseph J. Rey, Jr., El Paso, Tex., for petitioner.

Benjamin R. Civiletti, Atty. Gen., U. S. Dept. of Justice, Martin H. Sachs, Gen. Litigation and Legal Advice Section, Crim. Div., U. S. Dept. of Justice, James P. Morris, Lauri Steven Filppu, James A. Hunolt, Attys., Washington, D.C., for respondent.

Before BROWN and TATE, Circuit Judges and SMITH, District Judge.


TATE, Circuit Judge:

This is a petition for review of an order of the Board of Immigration Appeals, the effect of which was to uphold a deportation order of an immigration judge. The sole issue raised is that the Board erred as a matter of law in finding that Vargas-Gonzalez, the petitioner, was ineligible for suspension of deportation under Section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254(a)(1), for lack of seven years' continuous presence...

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