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PONDOC HERNAEZ v. I.N.S.

No. 99-70440.

244 F.3d 752 (2001)

Carlo PONDOC HERNAEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2001.

Attorney(s) appearing for the Case

James A. Stanton, Stanton, Clay, Tom, Chapman & Crumpton, Honolulu, Hawaii, for the petitioner.

Ronald E. LeFevre, Immigration & Naturalization Service, San Francisco, California, for the respondent.

Mark C. Walters, Norah Ascoli Schwarz, and Alice E. Loughran, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: Betty B. FLETCHER, FERNANDEZ F. FERNANDEZ, and RICHARD A. PAEZ, Circuit Judges.

Argued and Submitted February 16, 2001, San Francisco, California.

PAEZ, Circuit Judge:

Petitioner Carlo Hernaez, a citizen of the Philippines, is HIV-positive and a homosexual. An Immigration Judge ("IJ") ordered him deported on the bases of overstaying his visa and his drug addiction. The Board of Immigration Appeals ("BIA") affirmed, denying his motions to remand for consideration of an application for suspension of deportation and to reopen for consideration...

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