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McCOLVIN v. I. N. S.

No. 80-1463.

648 F.2d 935 (1981)

James McCOLVIN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1981.

Attorney(s) appearing for the Case

David Goren, Washington, D. C. (Goren & Maggio, Washington, D. C., on brief), for petitioner.

Daniel E. Fromstein, Crim. Div., Dept. of Justice, Washington, D. C. (James P. Morris, General Litigation and Legal Advice Section, Crim. Div., Washington, D. C., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and PHILLIPS and ERVIN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this case petitioner James McColvin seeks review of the decision of the Board of Immigration Appeals (BIA) that he is ineligible for suspension of deportation. We find that petitioner's departure from the United States under threat of deportation constituted a break in the continuity of his physical presence in the United States that is a condition of suspension of deportation under 8 U.S.C. § 1254(a)(1). We therefore...

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