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STEVIC v. SAVA

Nos. 574-575, Dockets 81-2288, 81-4162.

678 F.2d 401 (1982)

Predrag STEVIC, Petitioner-Appellant, v. Charles SAVA, District Director, Immigration and Naturalization Service, New York Office, Respondent-Appellee. Predrag STEVIC, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided May 5, 1982.

Opinion on Denial of Rehearing July 29, 1982.

Attorney(s) appearing for the Case

Ann L. Ritter, New York City, for petitioner-appellant and petitioner.

Michael D. Patrick, Sp. Asst. U. S. Atty., S. D. N. Y., New York City (John S. Martin, Jr., U. S. Atty., Thomas H. Belote, Sp. Asst. U. S. Atty., Peter C. Salerno, Asst. U. S. Atty., New York City, of counsel), for respondent-appellee and respondent.

Before OAKES, NEWMAN and WINTER, Circuit Judges.

RALPH K. WINTER, Jr., Circuit Judge:

This is a consolidation of (1) an appeal from the dismissal of a petition for a writ of habeas corpus, and (2) a petition for review of a final order of deportation of the Board of Immigration Appeals ("BIA"). The major issue is whether the Refugee Act of 1980 changes the legal standard for aliens seeking political asylum in order to avoid deportation. We hold that it does and reverse the BIA's order denying the motion to reopen...

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