RIVERA v. I.N.S.

No. 85-4100.

791 F.2d 1202 (1986)

Julio Garcia RIVERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

June 13, 1986.


Attorney(s) appearing for the Case

Michael J. Jacobsen, Centro Para Inmigrantes, Houston, Tex., for petitioner.

David H. Lambert, Dist. Dir. INS, New Orleans, La., Paul B. O'Neill, Dist. Dir., INS, Gary T. Goldman, Houston, Tex., for other interested parties.

Morris Deutsch, Atty., William French Smith, Atty. Gen., Dept. of Justice, Robert L. Bombough, Director, Office of Imm. Lit., Civil Div., Joan E. Smiley, Charles E. Hamilton, III, Richard M. Evans, Atty., Washington, D.C., for respondent.

Before CLARK, Chief Judge, WILLIAMS and DAVIS, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Julio Garcia Rivera seeks review of the Board of Immigration Appeals' (BIA) decision denying his motion to reopen deportation proceedings. Garcia contends that he was eligible for discretionary relief from deportation under section 212(c) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1182(c). We grant the petition for review and remand to the BIA.

Garcia, a fifty-two year old native and citizen of El Salvador...

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