MOLINA v. SEWELL

No. 91-6204.

983 F.2d 676 (1993)

Israel Lozano MOLINA, Plaintiff-Appellant, v. Omer G. SEWELL, District Director, Immigration and Naturalization Service, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 22, 1993.


Attorney(s) appearing for the Case

Lisa S. Brodyaga and Thelma O. Garcia, Harlingen, TX, for plaintiff-appellant.

David Ayala, Asst. U.S. Atty., I.N.S., McAllen, TX and Marianne Tomecek, Chief Civ. Div., U.S. Atty., Houston, TX, for defendants-appellees.

Before KING, JOHNSON, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Israel Lozano Molina, an alien, was admitted as a lawful permanent resident of the United States in 1980. Five years later he was convicted of a crime involving marihuana, for which the INS commenced deportation proceedings. Out on bond pending deportation proceedings, Lozano departed to Mexico. Upon his same-day return to the States, Lozano was detained at the border and placed in exclusion proceedings. The Immigration Judge (IJ) found him...

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