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WIEDERSPERG v. I.N.S.

No. 85-7319.

896 F.2d 1179 (1990)

Stefan Walter WIEDERSPERG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 20, 1990.

Attorney(s) appearing for the Case

John E. Jones, San Francisco, Cal., for petitioner.

Joseph F. Ciolino and Alison R. Drucker, Dept. of Justice, Washington, D.C., for respondent.

Before POOLE and CANBY, Circuit Judges, and KING, District Judge.

CANBY, Circuit Judge:

Petitioner Stefan Walter Wiedersperg seeks review of an order of the Board of Immigration Appeals ("BIA") denying his motion to reopen the proceedings which led to his deportation in January 1974. The BIA found against Wiedersperg on dual grounds. The BIA held that it lacked jurisdiction under 8 C.F.R. § 3.2 because Wiedersperg had already been deported, and held alternatively on the merits that Wiedersperg had "slept on his rights."

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