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VARGAS v. I.N.S.

No. 1270, Docket 90-4189.

938 F.2d 358 (1991)

Simon B. VARGAS, Petitioner-Appellant, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Michael P. DiRaimondo, New York City, for petitioner-appellant.

Timothy MacFall, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Diogenes P. Kekatos, Richard W. Mark, of counsel), for respondent-appellee.

Before KEARSE, WINTER and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Petitioner Simon Vargas appeals the decision of the Board of Immigration Appeals ("BIA") dismissing his motion to reopen a denial of waiver of deportation. Because we find the BIA's decision arbitrary and capricious, we vacate the ruling and remand for further proceedings.

BACKGROUND

Since March 1970, when he arrived in the United States at the age of four, petitioner has lawfully resided in the United States as a permanent...

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