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HERNANDEZ-GARZA v. I.N.S.

Nos. 88-4883, 89-4044 Summary Calendar.

882 F.2d 945 (1989)

Apolinar HERNANDEZ-GARZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

August 29, 1989.

Attorney(s) appearing for the Case

David Swaim, Samuel M. Tidwell & Assoc., Dallas, Tex., for petitioner.

Alice M. Smith, Robert L. Bombough, Director, Office of Immigration Litigation, Civ. Div., Washington, D.C. for respondent.

Ronald Chandler, Dist. Director, Dallas, Tex., John B.Z. Caplinger, Dis. Director, I.N.S., New Orleans, La., for other interested persons.

Before POLITZ, KING and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

An immigration judge ordered Apolinar Hernandez-Garza deported pursuant to section 241(a)(13) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1251(a)(13). The Board of Immigration Appeals (BIA) dismissed Hernandez' appeal. The BIA also found Hernandez ineligible for discretionary relief under section 212(c) of the INA, 8 U.S.C. § 1182(c). For the reasons assigned we grant Hernandez' petition for review of the deportation order...

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