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VARGAS-GARCIA v. I.N.S.

No. 00-71019.

287 F.3d 882 (2002)

Mauro VARGAS-GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 2002.

Attorney(s) appearing for the Case

Peter R. Afrasiabi, Chapman University School of Law, Orange, CA; Melanie J. Boyer (Admitted Student, argued) and Rosa E. Sahagun (Admitted Student, argued), for the Petitioner; Susan E. Hill, Law Offices of Susan E. Hill, Los Angeles, CA, for the Petitioner.

Heather Phillips, Office of Immigration Litigation, (argued); Stephen J. Flynn, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: FERNANDEZ and RAWLINSON, Circuit Judges, and REED, JR., District Judge.

OPINION

FERNANDEZ, Circuit Judge.

Mauro Vargas-Garcia, a citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals which summarily dismissed his appeal of the Immigration Judge's ruling denying him suspension of deportation. See INA § 244(a)(1), 8 U.S.C. § 1254(a)(1) (repealed 1996). He argues that the BIA should not have summarily dismissed his appeal without notice. We grant the petition.

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