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DA CRUZ v. I.N.S.

No. 91-70752.

4 F.3d 721 (1993)

Joaquim Paulo DA CRUZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1993.

Attorney(s) appearing for the Case

Daniel H. Smith, MacDonald, Hoague & Bayless, Seattle, WA, for petitioner.

Carl H. McIntyre, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before BEEZER, HALL, Circuit Judges, and CONTI, District Judge.

BEEZER, Circuit Judge:

Joaquim Paulo Da Cruz, a lawful permanent resident of the United States and a native of Portugal, appeals the Board of Immigration Appeals' ("BIA") decision reversing the original order of the Immigration Judge and ordering Da Cruz deported. On appeal, Da Cruz claims that the BIA did not have jurisdiction in this case because the Immigration and Naturalization Service ("INS") filed an untimely appeal. We review de novo whether the BIA...

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