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PADILLA-AGUSTIN v. I.N.S.

Nos. 92-70611, 93-70351.

21 F.3d 970 (1994)

Oscar PADILLA-AGUSTIN, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1994.

Attorney(s) appearing for the Case

Lee A. O'Connor (on brief and argued), San Fernando Valley Neighborhood Legal Services, Pacoima, CA, for petitioner in No. 92-70611.

Lee A. O'Connor (on brief and argued), San Fernando Valley Neighborhood Legal Services, Pacoima, CA, for petitioner in No. 93-70531.

Timothy B. Walthall, Office of Immigration Litigation, U.S. Dept. of Justice (on brief and argued); for respondent in No. 92-70611.

Timothy B. Walthall, Office of Immigration Litigation, U.S. Dept. of Justice (on brief and argued); David J. Kline, Asst. Director; and April Dawson, Law Clerk, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, (on brief), for respondent in No. 93-70351.

Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

Opinion by Judge FERNANDEZ; Partial concurrence and partial dissent by Judge O'SCANNLAIN.

FERNANDEZ, Circuit Judge:

Oscar Padilla-Agustin, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals which summarily dismissed his appeal of the Immigration Judge's ruling denying him asylum and withholding of deportation. He also petitions for review of the BIA's denial of his motions to reopen and reconsider its...

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