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SHARMA v. I.N.S.

No. 95-70385.

89 F.3d 545 (1996)

Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Memorandum May 31, 1996.

Order and Opinion July 16, 1996.

Attorney(s) appearing for the Case

Armando G. Salazar, San Jose, California, for petitioners.

Jeffrey J. Bernstein, Christine Bither, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for respondent.

Before: ALARCON, BEEZER and RYMER, Circuit Judges.

BEEZER, Circuit Judge:

We consider whether Petitioners are entitled to a rescission of deportation orders entered in absentia.

I

Petitioners are natives and citizens of Fiji who entered the United States without inspection. After the Immigration and Naturalization Service ("INS") issued an order to show cause why Petitioners should not be deported, Petitioners appeared before an Immigration Judge ("IJ") and conceded deportability. A December 5, 1994...

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