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NUNEZ-PAYAN v. I.N.S.

No. 86-4513.

815 F.2d 384 (1987)

Hector NUNEZ-PAYAN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

April 29, 1987.

Attorney(s) appearing for the Case

Susan M. Urbieta, El Paso, Tex., for petitioner.

Jane A. Williams, Robert L. Bombaugh, Civ. Div., Madelyn E. Johnson, Allen W. Hausman, Asst. Director, Washington, D.C., for I.N.S.

David H. Lambert, Dist. Director, I.N.S., New Orleans, La., A.H. Giugni, Dist. Director, I.N.S., El Paso, Tex., for other interested parties.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion Feb. 9, 1987, 5th Cir.1987, 811 F.2d 264)

PER CURIAM:

Hector Nunez-Payan petitions rehearing, attacking our holding that his plea to a drug-related offense pursuant to the Texas Deferred Adjudication Statute can provide the basis for an Immigration Judge to believe that he was an illicit trafficker of marijuana.

Nunez-Payan relies upon Matter of Garcia (Interim...

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