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BOTHYO v. MOYER

No. 84-3131.

772 F.2d 353 (1985)

Warjina S. Sarkis BOTHYO, Plaintiff-Appellant, v. A.D. MOYER, District Director, Immigration and Naturalization Service, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 1985.

Attorney(s) appearing for the Case

Mark Jacob Thomas, Chicago, Ill., for plaintiff-appellant.

Jack Penca, U.S. Atty. (Dan K. Webb, U.S. Atty.), Chicago, Ill., for defendant-appellee.

Before FLAUM and EASTERBROOK, Circuit Judges, and SWYGERT, Senior Circuit Judge.

FLAUM, Circuit Judge.

The issues presented in this case are (1) whether the defendant district director of the Immigration and Naturalization Service ("INS") abused his discretion by denying the plaintiff alien's request for a stay of deportation prior to decisions by the immigration judge and the Board of Immigration Appeals (the "Board") as to whether the plaintiff's deportation case should be reopened, and (2) whether the district court's dismissal of the plaintiff...

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