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THOMAS v. I.N.S.

Nos. 91-70750, 92-70142.

35 F.3d 1332 (1994)

Clive Charles THOMAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 7, 1994.

Resubmitted June 24, 1994.

Decided September 2, 1994.

As Amended on Denial of Rehearing November 23, 1994.

Attorney(s) appearing for the Case

Cindy M. Cipriani, Gray, Cary, Ware & Freidenrich, San Diego, CA, for petitioner.

Donald A. Couvillon, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: KOZINSKI, SILER, and KLEINFELD, Circuit Judges.

Opinion by Judge KLEINFELD; Dissent by Judge KOZINSKI.

KLEINFELD, Circuit Judge:

The main issue in this case arises from breach of a cooperation agreement. Thomas, a criminal, traded information to the United States Attorney for a promise that "the government" would not oppose his application for discretionary relief from deportation. The government nevertheless did oppose his application. The Immigration and Naturalization...

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