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MARTINEZ-MONTOYA v. I.N.S.

No. 89-4109.

904 F.2d 1018 (1990)

Rodrigo MARTINEZ-MONTOYA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

July 10, 1990.

Attorney(s) appearing for the Case

Jeff Larsen, Texas Legal Services Center, Austin Tex., for petitioner.

Kenneth H. Stern, Stern & Elkind, Denver, Colo., for amicus American Immigration Lawyers Ass'n.

Richard Thornburgh, Atty. Gen., U.S. Dept. of Justice, Norah Ascoli Schwarz, Alice M. Smith, Richard M. Evans, David J. Kline, Robert L. Bombough, Civil Div., Washington, D.C., for respondent.

Ronald G. Parra, Deputy Director, Houston, Tex., John B.Z. Caplinger, Deputy Director, New Orleans, La., for other interested parties.

Before CLARK, Chief Judge, POLITZ and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Rodrigo Martinez-Montoya appeals from an order of deportation, which became final upon a denial of his application for legalization under Section 245A of the Immigration Reform and Control Act (IRCA), 8 U.S.C. § 1255a. Appellant asserts that the Immigration and Naturalization Service (INS) erred in denying his application for legalization because the Legalization Appeals Unit (LAU) of the INS incorrectly concluded that he has...

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