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ROMEIRO De SILVA v. SMITH

No. 84-2104.

773 F.2d 1021 (1985)

Pedro M. ROMEIRO De SILVA, also known as Pedro M. De Romeiro, Plaintiff-Appellant, v. William F. SMITH, U.S. Attorney; Alan Nelson, Commissioner of I & NS; Ernest E. Gustafson, District Director; Phoenix, Office of I & NS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1985.

Attorney(s) appearing for the Case

Marshall G. Whitehead, DePrima, Anderson & Whitehead, Phoenix, Ariz., for plaintiff-appellant.

Richard K. Willard, Richard M. Evans, Morris H. Deutsch, Washington, D.C., for defendant-appellee.

Before WALLACE and POOLE, Circuit Judges, and LEAVY, District Judge.

POOLE, Circuit Judge:

Pedro M. Romeiro de Silva appeals the district court's grant of summary judgment to the Immigration and Naturalization Service (INS) on his claim that the INS abused its discretion in denying him deferred action status under Operations Instruction 103.1(a)(1)(ii).1 We remand to the district court with instructions to dismiss for lack of jurisdiction.

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