NGUYEN v. I.N.S.

No. 94-9517.

53 F.3d 310 (1995)

Nam Quoc NGUYEN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Tenth Circuit.

April 26, 1995.


Attorney(s) appearing for the Case

Curtis L. Heidtke, Boulder, CO, for petitioner.

Alexander H. Shapiro, Office of Immigration Litigation (Frank W. Hunger, Asst. Atty. Gen. and Robert Kendall, Jr., Office of Immigration Litigation, with him on the brief), U.S. Dept. of Justice, Washington, DC, for respondent.

Before KELLY, BARRETT and HENRY, Circuit Judges.


PAUL J. KELLY, Jr., Circuit Judge.

Mr. Nguyen appeals from a decision of the Board of Immigration Appeals ("BIA") to deport him to Vietnam because he had been convicted of an aggravated felony and to deny his requests to apply for asylum, 8 U.S.C. § 1158, and withholding of deportation, 8 U.S.C. § 1253. Mr. Nguyen challenges the BIA's conclusion that his conviction qualified as an aggravated felony, thus making him statutorily ineligible to apply for either...

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