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HERNANDEZ-VIVAS v. I.N.S.

No. 92-70605.

23 F.3d 1557 (1994)

Ricardo HERNANDEZ-VIVAS, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1994.

Attorney(s) appearing for the Case

Anne Pilsbury, Central American Legal Assistance, Brooklyn, NY, for petitioner.

Stuart M. Gerson, David J. Kline, David V. Bernal, U.S. Dept. of Justice, Washington, DC, for respondent.

Opinion by Judge WIGGINS; Concurrence by Senior Circuit Judge BRIGHT.

WIGGINS, Circuit Judge:

Ricardo Hernandez-Vivas ("Hernandez") petitions for review of an order from the Board of Immigration Appeals (BIA). Hernandez seeks to reopen his deportation proceedings so that he may apply for asylum and withholding of deportation. At a deportation hearing held in absentia, an immigration judge (IJ) found that Hernandez was deportable. Later, the IJ denied Hernandez's motion to reopen on the ground that Hernandez failed to explain his absence...

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