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VARGAS-BANUELOS v. IMMIGRATION & NATURALIZATION SERV.

No. 72-1159.

466 F.2d 1371 (1972)

Antonio VARGAS-BANUELOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, an Agency of the United States Government and Its Director, the Attorney General of the United States, Respondent.

United States Court of Appeals, Fifth Circuit.

September 14, 1972.

Attorney(s) appearing for the Case

Robert L. Millard, Kent R. Morrison, El Paso, Tex., for petitioner.

John N. Mitchell, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Troy A. Adams, Jr., District Dir., Immigration and Nat. Service, New Orleans, La. and District Director, Immigration & Nat. Service, El Paso, Tex., William S. Sessions, U. S. Atty., San Antonio, Tex., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., for respondent; William E. Weinert, Trial Atty., Immigration and Naturalization Service, El Paso, Tex., of counsel.

Before BELL, GOLDBERG and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

In this case, the Government, seeking an expansive interpretation of the deportation laws, asks us to affirm the order of the Immigration and Naturalization Service (INS) deporting petitioner. Although the Government's argument has some merit, we are bound by the philosophy and wisdom of the Supreme Court's decision in Rosenberg v. Fleuti, 1963, 374 U.S. 449, 83 S.Ct. 1804, 10 L.Ed.2d 1000, and we therefore...

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