CERUJO v. IMMIGRATION & NATURALIZATION SERV.

No. 77-1464.

570 F.2d 1323 (1978)

Juan Nava CERUJO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1978.


Attorney(s) appearing for the Case

Thomas C. Hochstatter, Milwaukee, Wis., for petitioner.

Philip Wilens, Lauri Steven Filppu, Dept. of Justice, Washington, D. C., Thomas P. Sullivan, U. S. Atty., Chicago, Ill., for respondent.

Before CUMMINGS and WOOD, Circuit Judges, and GRANT, Senior District Judge.


PER CURIAM.

In accepting petitioner's guilty plea, a Wisconsin judge recommended against his deportation but did not give pre-sentencing notice to the Immigration and Naturalization Service pursuant to Section 241(b) of the Immigration and Nationality Act (8 U.S.C. § 1251(b)). The Board of Immigration Appeals held that the judge's recommendation against deportation was ineffective for want of compliance with the prior notice provision in the statute, so that...

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