VARGAS v. U.S. DEPT. OF IMMIGRATION

No. 86-7652.

831 F.2d 906 (1987)

Juan Cesar VARGAS, Petitioner, v. U.S. DEPARTMENT OF IMMIGRATION AND NATURALIZATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1987.


Attorney(s) appearing for the Case

Oscar Ruiz De Chavez, Calexico, Cal., for petitioner.

Michael P. Lindemann, Washington, D.C., for respondent.

Before ALARCON, BEEZER and WIGGINS, Circuit Judges.


ALARCON, Circuit Judge:

This appeal raises two issues for our determination: (1) whether appellant, Juan Cesar Vargas, (Vargas) must first exhaust his administrative remedies before raising a due process claim in this court when that claim concerns procedural errors correctable by the Board of Immigration Appeals (BIA); and (2) whether the BIA abused its discretion when it denied Vargas' request for a waiver of deportation.

I

Vargas is a Mexican...

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