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CARBAJAL-GONZALEZ v. I.N.S.

No. 94-40411.

78 F.3d 194 (1996)

Carlos Alberto CARBAJAL-GONZALEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

March 27, 1996.

Attorney(s) appearing for the Case

Paul M. Douglass, Linda Y. Chew, El Paso, TX, for appellant.

Janet Reno, Atty. Gen., U.S. Dept. of Justice, Washington, DC, Nelda C. Reyna, Atty., David J. Kline, David V. Bernal, Richard M. Evans, Atty., Robert L. Bombough, Director, INS, Civ. Lit., Washington, DC, for appellee.

John B.Z. Caplinger, INS, DD, Joseph A. Aguilar, New Orleans, LA, A.H. Guigni, DD, INS, El Paso, TX, for other interested parties.

Before JOLLY, DUHÉ and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

We reverse the INS order of deportation in this case.

An immigration judge ordered Carlos Alberto Carbajal-Gonzalez deported to Mexico for violations of the Immigration and Nationality Act (the "Act"). The Board of Immigration Appeals affirmed the deportation order. Concluding that, as a matter of law, Carbajal-Gonzalez did not "enter" the United States within the meaning of the Act, we reverse.1...

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