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OLUYEMI v. I.N.S.

No. 89-2057.

902 F.2d 1032 (1990)

Peter Olusanya OLUYEMI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided May 11, 1990.

Attorney(s) appearing for the Case

James M. Langan, Jr., Boston, Mass., with whom Langan, Dempsey & Brodigan, was on brief, for petitioner.

Ellen Sue Shapiro, Boston, Mass., with whom Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., Washington, D.C., Robert Kendall, Jr., Asst. Director, and Karen L. Fletcher, Attorney, Office of Immigration Litigation, Civ. Div. Dept. of Justice, were on brief, for respondent.

Before BREYER, Chief Judge, TORRUELLA and CYR, Circuit Judges.

BREYER, Chief Judge.

The petitioner, Peter Olusanya Oluyemi, a citizen of Nigeria, entered the United States on July 18, 1987, as a "visitor for pleasure." His visa expired on October 12, 1987. He remained in the country. The Immigration and Naturalization Service has ordered him deported. See 8 U.S.C. § 1251(a)(2) (requiring deportation of any "alien" who "is in the United States in violation of ... any ... law"). He pointed out to the immigration judge...

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