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BAEZ v. I.N.S.

No. 94-1224.

41 F.3d 19 (1994)

Lucas P. BAEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided December 6, 1994.

Attorney(s) appearing for the Case

Paul F. Murphy, with whom MacDonald, Murphy & May, Cambridge, MA, was on brief, for petitioner.

Joan E. Smiley, Attorney, Office of Immigration Litigation, Civ. Div., Dept. of Justice, with whom Frank W. Hunger, Asst. Atty. Gen., Civ. Div., and Lauri Steven Filppu, Attorney, Office of Immigration Litigation, Washington, DC, were on brief, for respondent.

Before SELYA, CYR and STAHL, Circuit Judges.

SELYA, Circuit Judge.

Petitioner Lucas P. Baez, also known as Lucas Porfirio Baez-Soto, also known as Domingo Guzman, an alien who was deported following a state narcotics conviction, attempts to challenge the refusal of the Board of Immigration Appeals (BIA or Board) to reopen its decision to deny him a waiver of deportability. Petitioner's case requires this court to make its initial interpretation of the jurisdictional bar contained in the departure clause of section...

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