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RODRIGUEZ-GUTIERREZ v. I.N.S.

No. 94-40108.

59 F.3d 504 (1995)

Jose Luis RODRIGUEZ-GUTIERREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

February 1, 1995.

Attorney(s) appearing for the Case

Azar-Farr & Ret, P.C., Simon M. Azar-Farr, San Antonio, TX, for petitioner.

Janet Reno, Atty. Gen., Dept. of Justice, Charles E. Pazar, Robert Kendall, Jr., Anthony W. Norwood, Robert L. Bonbough, Dir., Office of Immigration Litigation, Civ. Div., Washington, DC, for respondent.

Richard M. Casillas, D.D., I.N.S., San Antonio, TX, John B.Z. Caplinger, I.N.S. Dist. Dir., New Orleans, for other interested parties.

Before REAVLEY, DUHÉ and PARKER, Circuit Judges.

REAVLEY, Circuit Judge:

Jose Luis Rodriguez-Gutierrez was charged with deportability under 8 U.S.C. § 1251(a)(1)(B) (Supp.1994). The Immigration Judge ("IJ") determined that Rodriguez was deportable. The IJ denied Rodriguez's applications for suspension of deportation and adjustment of status, but granted voluntary departure. Rodriguez appealed the denial of suspension of deportation to the Board of Immigration Appeals (the "BIA"). He also moved to reopen deportation...

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