BUI v. I.N.S.

No. 94-70399.

76 F.3d 268 (1996)

Dung Huu BUI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1996.


Attorney(s) appearing for the Case

Michael W. Bien and Mary Ann Cryan, Rosen, Bien & Asaro, San Francisco, California, for petitioner.

Emily Anne Radford and David V. Bernal, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for respondent.

Before: NORRIS, BEEZER and TROTT, Circuit Judges.


Opinion by Judge Beezer

BEEZER, Circuit Judge:

We are called upon to decide whether the Immigration and Naturalization Service may deny an alien his opportunity to designate a country of deportation and then hold this error harmless, predicting that the country he would have designated would not have accepted him. We hold that the INS may not deny an alien this opportunity nor rely upon such a prediction, and we grant the petition for review.

I

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