LUNA v. I.N.S.

Nos. 82-1311, 82-1863.

709 F.2d 126 (1983)


United States Court of Appeals, First Circuit.

Decided June 16, 1983.

Rehearing Denied August 26, 1983.

Attorney(s) appearing for the Case

Harvey Kaplan, Boston, Mass., with whom Eliza Klein, and Law Offices of Harvey Kaplan, Boston, Mass., were on brief, for petitioner.

Thomas W. Hussey, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Civ. Div., Charles E. Hamilton, III, Attorney, Margaret J. Perry, Attorney, Lauri Steven Filppu, Attorney, General Litigation and Legal Advice Section, Crim. Div., Dept. of Justice, Washington, D.C., were on brief, for respondent.

Before HAYNSWORTH, Senior Circuit Judge, COFFIN and BREYER, Circuit Judges.

BREYER, Circuit Judge.

We here review a decision of the Immigration and Naturalization Service (INS) Board of Immigration Appeals not to reopen a deportation proceeding—a proceeding that in this case led to an order for the involuntary deportation of petitioner Emilio Luna. Because we conclude that the INS did not take proper account of various legally relevant factors, and in light of a special supervening circumstance (namely, the birth of a new child), we...

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