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NASCIMENTO v. I.N.S.

No. 01-1338.

274 F.3d 26 (2001)

Cesar NASCIMENTO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

December 19, 2001.

Attorney(s) appearing for the Case

Mark B. LaRoche for petitioner.

Janice K. O'Grady, Attorney, Office of Immigration Litigation, United States Department of Justice, with whom Stuart E. Schiffer, Acting Assistant Attorney General, Civil Division, and Christopher C. Fuller, Senior Litigation Counsel, were on brief for respondent.

Before Torruella, Lynch and Lipez, Circuit Judges.

LYNCH, Circuit Judge.

Cesar Nascimento, a citizen of Cape Verde, was served in 1994 with an Order to Show Cause charging that he had overstayed his non-immigrant visa. After a deportation hearing in 1995, an immigration judge granted him voluntary departure, but he failed to depart by the specified date. In 1996, he filed a motion to reopen proceedings, seeking suspension of deportation or, in the alternative, a new order for voluntary departure. After the deportation...

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