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BRICE v. UNITED STATES DEPT. OF JUSTICE

No. 1765, Docket 85-4191.

806 F.2d 415 (1986)

Lemiel BRICE, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Second Circuit.

Decided December 5, 1986.

Attorney(s) appearing for the Case

Jean H. McCreary, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y. (Gregory A. Franklin, of counsel), for petitioner.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. (Noel Anne Farris, Sp. Asst. U.S. Atty., Steven E. Obus, Asst. U.S. Atty., of counsel), for respondents.

Before KAUFMAN, KEARSE and ALTIMARI, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Lemiel Brice is a thirty-four-year-old native and citizen of Haiti, who in 1978 entered the United States illegally. In July, 1982, Brice presented himself to the Immigration and Naturalization Service ("INS"), which commenced deportation proceedings against him pursuant to § 241(a)(2) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1251(a)(2). Brice appeared before Immigration Judge Gordon W. Sacks on November...

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