LEPE-GUITRON v. I.N.S.

No. 92-70505.

16 F.3d 1021 (1994)

Benjamin LEPE-GUITRON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 15, 1994.


Attorney(s) appearing for the Case

Eric Beaudikofer, El Centro, California, for the petitioner.

Thomas W. Hussey, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent.

Before FLETCHER, PREGERSON, and RYMER, Circuit Judges.


FLETCHER, Circuit Judge:

Petitioner, a deportable alien, appeals a decision of the Board of Immigration Appeals ("BIA"), finding him statutorily ineligible for the discretionary waiver of deportation provided for in 8 U.S.C. § 1182(c) ("section 212(c)"). The BIA held that the time during which petitioner lived as a minor child with his permanent resident parents in the United States, prior to himself independently attaining permanent residency, did not count...

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