BIGBY v. U.S. I.N.S.

No. 93-2222.

21 F.3d 1059 (1994)

Paul BIGBY, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Eleventh Circuit.

May 31, 1994.


Attorney(s) appearing for the Case

David F. Vedder, Wells, Revis, Vedder & Elton, Daytona Beach, FL, for petitioner.

Donald A. Couvillon, R. Evans, Charles E. Pazar, Office of Immigration Litigation, Civil Div., Dept. of Justice, Washington, DC, for respondent.

Before ANDERSON and BIRCH, Circuit Judges, and ALBRITTON, District Judge.


ANDERSON, Circuit Judge:

Petitioner Paul Bigby appeals from a final order of deportation entered by the Board of Immigration Appeals (BIA). We find that Bigby's Fifth Amendment right against self-incrimination was properly asserted by his attorney under the circumstances, and therefore reverse the BIA's decision and remand the case for further proceedings.

Bigby, a native of Jamaica, was charged with deportability for entering the United States without inspection...

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