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MURILLO-SALMERON v. I.N.S.

No. 02-70704.

327 F.3d 898 (2003)

Jose Arturo MURILLO-SALMERON, Petitioner, v. IMMIGRATION and NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2003.

Attorney(s) appearing for the Case

Robert B. Jobe, Jonathan Chudler, San Francisco, CA, for the petitioner.

Robert D. McCallum, Michael P. Lindemann, Douglas E. Ginsburg, United States Department of Justice, Civil Division, Washington, DC, for the respondent.

Before: NOONAN, TASHIMA, and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

The decisions on review can best be described as two ships passing in the night. We are presented with a petition for review of a final deportation order of the Board of Immigration Appeals ("BIA") affirming a decision that the Immigration Judge ("IJ") did not make. We hold that the BIA committed legal error in deporting Petitioner based on his ineligibility for a waiver which, as the IJ noted in the...

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