KENNEDY, Circuit Judge:
Gutierrez appeals the Board of Immigration Appeals' order of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a) (1982). The BIA ordered Gutierrez deported after finding that he had committed an entry without inspection, and that he was ineligible for discretionary relief. In so doing, the BIA rejected petitioner's claim that the equal protection component of the due process guarantee of the fifth amendment required the availability...
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