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HAMID v. IMMIGRATION & NATURALIZATION SERV.

No. 79-7000.

648 F.2d 635 (1981)

Tariq HAMID, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 15, 1981.

As Modified July 31, 1981.

Attorney(s) appearing for the Case

Donald L. Ungar, San Francisco, Cal., argued, for petitioner; Michael D. Finnegan, Simmons & Ungar, San Francisco, Cal., on brief.

Eric Fisher, Dept. of Justice, Washington, D. C., argued for respondent; Lauire Steven Filppu, Washington, D. C., on brief.

Before DUNIWAY and HUG, Circuit Judges, and CROCKER, District Judge.

DUNIWAY, Circuit Judge:

On the basis of the Supreme Court's decision in INS v. Wang, 1981, ___ U.S. ___, 101 S.Ct. 1027, 67 L.Ed.2d 123, we grant the petition for rehearing, vacate our Memorandum decision of August 8, 1980, 9 Cir., 626 F.2d 866, and affirm the Board's denial of Hamid's motion to reconsider.

I. Background.

Tariq Hamid, a citizen of Pakistan, was ordered deported in 1974. He...

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