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DIAZ-RESENDEZ v. I.N.S.

No. 90-4792.

960 F.2d 493 (1992)

Benedictor DIAZ-RESENDEZ, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

May 12, 1992.

Attorney(s) appearing for the Case

Lisa S. Brodyaga, Harlingen, Tex., for petitioner.

Richard Thornburgh, Atty. Gen., Philemina M. Jones, Alice M. King, Mark C. Walters, Robert Kendall, Jr., Robert L. Bombough, Dir., Office of Immigration Lit., Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Omer G. Sewell, Dist. Dir., Harlingen, Tex., John B.Z. Caplinger, Dist. Dir., New Orleans, La., for other interested parties.

Before POLITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge, and WINGATE, District Judge.

POLITZ, Chief Judge:

Benedictor Diaz-Resendez petitions for review of an order of the Board of Immigration Appeals denying discretionary relief from deportation under 8 U.S.C. § 1182(c). Concluding that the Board's decision is arbitrary and beyond the pale of its discretion we grant review, vacate and remand.

Background

Diaz-Resendez was admitted to the United States as a lawful resident when he was 17 years old. He has been in continuous...

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