RAMIREZ-OSORIO v. I.N.S.

Nos. 83-4545, 83-4546.

745 F.2d 937 (1984)

Jose Irene RAMIREZ-OSORIO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Jose Ismael RUBIO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 13, 1984.


Attorney(s) appearing for the Case

Lisa S. Brodyaga, Harlingen, Tex., Michael J. Jacobsen, Houston, Tex., for Ramirez-Osorio.

Proyecto Libertad, Lisa S. Brodyaga, Harlingen, Tex., Michael J. Jacobsen, Houston, Tex., for Rubio.

William French Smith, Atty. Gen., Richard K. Willard, Acting Asst. Atty. Gen., Lawrence Lippe, Chief, Gen. Lit. and Legal Advice Sec., Crim. Div., Charles E. Hamilton, III, Millicent Y. Clarke, James A. Hunolt, Francesco Isgro, Dept. of Justice, Civ. Div., Washington, D.C., Hal Boldin, Dist. Dir., I.N.S., Harlingen, Tex., David H. Lambert, Dist. Dir., I.N.S., New Orleans, La., for I.N.S.

Before GARZA, GARWOOD and HIGGINBOTHAM, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 13, 1984.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to hold that the Immigration and Naturalization Service in all deportation proceedings must inform each alien of his "right" to petition for asylum and inform him that filing a petition for asylum automatically stays deportation until the request is answered. We are told that not giving such notice frustrates congressional will as expressed in the...

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