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ATHEHORTUA-VANEGAS v. I.N.S.

No. 88-1674.

876 F.2d 238 (1989)

Luis N. ATHEHORTUA-VANEGAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided May 24, 1989.

Attorney(s) appearing for the Case

John H. Ruginski, Jr., Providence, R.I., for petitioner.

Alison R. Drucker, Office of Immigration Litigation, Civ. Div., Dept. of Justice, with whom John R. Bolton, Asst. Atty. Gen., and Richard M. Evans, Asst. Director, Office of Immigration Litigation, Civ. Div., Dept. of Justice, Washington, D.C., were on brief for respondent.

Before CAMPBELL, Chief Judge, and BREYER and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Petitioner, a Colombian national, was admitted to the United States as an immigrant on June 9, 1983. Within two years, Rhode Island authorities had arrested him. On June 10, 1985, he appeared in state superior court and pled nolo contendere to a possession-of-cocaine charge. His sentence was deferred with "minimum supervision."

The federal Immigration and Naturalization Service (INS) promptly issued a show-cause order, positing deportability...

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