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PEREZ-ALVAREZ v. I.N.S.

No. 88-1105.

857 F.2d 23 (1988)

Jorge PEREZ-ALVAREZ, Petitioner, Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 19, 1988.

Attorney(s) appearing for the Case

Lory D. Rosenberg with whom Law Office of Lory D. Rosenberg, Harvey Kaplan and Law Office of Harvey Kaplan, Washington, D.C., were on brief, for petitioner, appellant.

Parker Singh, Office of Immigration Litigation, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., Civ. Div., and Joan E. Smiley, Asst. Director, Washington, D.C., were on brief, for respondent, appellee.

Before BOWNES, NOONAN, and SELYA, Circuit Judges.

NOONAN, Circuit Judge.

Jorge Perez-Alvarez applied for asylum under section 208(a) of the Refugee Act of 1980, 8 U.S.C. § 1158(a). The Immigration Judge denied his application but granted him voluntary departure. The Board of Immigration Appeals (the Board) affirmed the denial of the application but reversed the grant of voluntary departure. Perez appealed both the denial and the reversal to this court. We reverse and remand.

BACKGROUND

Jorge...

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