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MOOSA v. I.N.S.

No. 96-60821.

171 F.3d 994 (1999)

Wazirali MOOSA, also known as Wazir Ali Haider Ali Moosa; Zebunisa Wazirali Moosa, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

April 2, 1999.

Attorney(s) appearing for the Case

Simon M. Azar-Farr, Azar-Farr & Associates, A Professional Corporation, San Antonio, TX, for Petitioners.

Margaret J. Perry, Mark C. Walters, U.S. Department of Justice, Janet Reno, Civil Division, Appellate Staff, Robert L. Bombaugh, Director, Civil Division, Washington, DC, Kenneth L. Pasquarell, Acting District Director, Immigration and Naturalization Service, El Paso, TX, Lynne Underdown, Immigration and Naturalization Service, New Orleans, LA, for Respondent.

Before REYNALDO G. GARZA, POLITZ and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

A deferred adjudication of guilt for indecency with a child by contact having been entered against Wazirali Moosa in Texas state court in 1990, and, as a result, Moosa having been denied permanent residency and having been ordered deported, along with his wife, primarily at issue is, in the legalization decision, the retroactive application to that deferred adjudication of the new definition...

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