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BARTESAGHI-LAY v. I.N.S.

No. 93-9516.

9 F.3d 819 (1993)

Jorge BARTESAGHI-LAY, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Tenth Circuit.

September 30, 1993.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Lawrence E. Davis of Davis & Shelton, Oklahoma City, OK, for petitioner.

Frank W. Hunger, Asst. Atty. Gen., Civ. Div., David J. Kline, Asst. Director, and David M. McConnell, Attorney, Office of Immigration Litigation, Civ. Div., Dept. of Justice, Washington, DC, for respondent.

Before LOGAN and MOORE, Circuit Judges, and McWILLIAMS, Senior Circuit Judge.

McWILLIAMS, Senior Circuit Judge.

Jorge Bartesaghi-Lay, hereinafter referred to as the petitioner, entered the United States "without inspection" near Brownsville, Texas on April 14, 1991. The petitioner, a citizen of Peru, was immediately placed in deportation proceedings. In those proceedings, petitioner requested asylum in the United States, a withholding of deportation, and, in the alternative, voluntary departure. A hearing was held before an Immigration Judge...

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