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BATANIC v. I.N.S.

Nos. 91-3250, 92-2480.

12 F.3d 662 (1993)

Ivan BATANIC, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1993.

Attorney(s) appearing for the Case

Royal F. Berg (argued), Kenneth Y. Geman, Chicago, IL, for petitioner.

Richard M. Evans, William J. Howard, Lori L. Scialabba, David J. Kline, Dept. of Justice, Office of Immigration Litigation, Washington, DC, Richard L. Thornburg, U.S. Atty. Gen., Office of U.S. Atty. Gen., Washington, DC, A.D. Moyer, I.N.S., Chicago, IL, Marshall T. Golding (argued), Office of Immigration Litigation, Civ. Div., Washington, DC, for respondent.

Before FLAUM, RIPPLE, and ROVNER, Circuit Judges.

RIPPLE, Circuit Judge.

Ivan Batanic1 petitions for review of a decision of the Board of Immigration Appeals (the "Board") that denied him leave to file an application for political asylum nunc pro tunc to May 18, 1990 under section 208(d) of the Immigration and Nationality Act (the "Act"), 8 U.S.C. § 1158(d).2 We reverse and remand.

I

BACKGROUND

Mr. Batanic is a native...

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