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MEJIA-RUIZ v. I.N.S.

No. 1250, Docket 94-4163.

51 F.3d 358 (1995)

Roberto Andres MEJIA-RUIZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 4, 1995.

Attorney(s) appearing for the Case

Michael P. DiRaimondo, New York City (Marialaina L. Masi, of counsel), for petitioner.

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty. for S. Dist. of New York, James A. O'Brien III, Sp. Asst. U.S. Atty., Steven I. Froot, Asst. U.S. Atty., of counsel), for respondent.

Before: OAKES, KEARSE, and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Roberto Andres Mejia-Ruiz ("Mejia") petitions for review of an August 26, 1994, decision of the Board of Immigration Appeals ("BIA") treating a deportation order issued by an immigration judge as final because of Mejia's departure from the United States following the issuance of that order. The basic question presented is whether § 3.4 of Title 8 of the Code of Federal Regulations is invalid because it was not promulgated...

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