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WELLINGTON v. I.N.S.

No. 95-60795.

108 F.3d 631 (1997)

Eugene WELLINGTON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

April 1, 1997.

Attorney(s) appearing for the Case

David A.M. Ware, David Ware & Associates, Metairie, LA, for Petitioner.

Norah Ascoli Schwarz, United States Department of Justice, Washington, DC, Janet Reno, Office of the United States Attorney General, Civil Division, Appellate Staff, Washington, DC, Robert L. Bombough, Director, Office of Immigration Litigation, Civil Division, Washington, DC, John B.Z. Caplinger, Director, Immigration and Naturalization Service, New Orleans, LA, for Respondent.

Before JOLLY, JONES and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Eugene Wellington asks this court to review and reverse the decision of the Board of Immigration Appeals (the "BIA") affirming an immigration judge's decision to deny Wellington's motion to reopen his deportation proceedings. Finding a lengthy list of errors in the processing of Wellington's application, we conclude that the BIA abused its discretion when it denied Wellington's motion to reopen.

I

Wellington was born...

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