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HERNANDEZ-LUIS v. I.N.S.

No. 87-7512.

869 F.2d 496 (1989)

Jose HERNANDEZ-LUIS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1989.

Attorney(s) appearing for the Case

Raul M. Montes, Montes & Montes, San Diego, Cal., for petitioner.

Alice M. Smith, Office of Immigration Litigation, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before WALLACE, FARRIS and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Jose Hernandez-Luis petitions for review of the Board of Immigration Appeal's (BIA) affirmance of an immigration judge's (IJ) denial of suspension of deportation and voluntary departure. He argues he is statutorily eligible for suspension of deportation because: (1) a 1978 prehearing administrative departure did not interrupt his seven years of continuous presence, and (2) his conviction was for a petty offense so it did not preclude him from...

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