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M.A. A26851062 v. U.S. I.N.S.

No. 88-3004.

858 F.2d 210 (1988)

M.A. A26851062, Petitioner, v. U.S. IMMIGRATION & NATURALIZATION SERVICE, Respondent, Central American Refugee Center; Lawyers Committee for Human Rights and Americas Watch, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1988.

Attorney(s) appearing for the Case

William Peter Van Wyke, Washington, D.C., for petitioner.

Parker Singh, Jr., Office of Immigration Litigation, Civil Div., U.S. Dept. of Justice (John R. Bolton, Asst. Atty. Gen., Civil Div., Joan E. Smiley, Asst. Director, Washington, D.C., on brief), for respondent.

(Arthur C. Helton, Laura B. Sherman, New York City, on brief) for amicus curiae Lawyers Committee for Human Rights Americas Watch.

(Steven G. Reade, Hadrian R. Katz, Andrew W. Shoyer, Darina C. McKelvie, Gwyn Firth Murray, Arnold & Porter; Monica C. Yriart, Washington, D.C., on brief), for amicus curiae Cent. American Refugee Center.

Before WINTER, Chief Judge, and MURNAGHAN and SPROUSE, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

This is a petition for review of a final order of deportation issued by the Board of Immigration Appeals on December 28, 1987, denying the petitioner's motion to reopen deportation proceedings to allow a hearing on his request for political asylum in the United States. We reverse the order denying reopening, and we remand the case for a determination on the merits of whether petitioner should be eligible to be granted political asylum...

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