TAPIA-ACUNA v. IMMIGRATION & NATURALIZATION SERVICE

No. 79-7116.

640 F.2d 223 (1981)

Melesio Manuel TAPIA-ACUNA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Initial Decision April 30, 1980.

Vacated November 3, 1980.

Decided February 17, 1981.


Attorney(s) appearing for the Case

Wayne Alden Cypert, Nogales, Ariz., for petitioner.

Robert Kendall, Jr., Washington, D.C., for respondent.

Before SKELTON, Court of Claims Judge, and GOODWIN and FERGUSON, Circuit Judges.


Vacated by the U. S. Supreme Court November 3, 1980.

FERGUSON, Circuit Judge:

Tapia-Acuna, a lawfully admitted permanent resident alien, was convicted under Arizona law of possession of marijuana for sale. The Immigration and Naturalization Service ("INS") instituted deportation proceedings pursuant to 8 U.S.C. § 1251(a)(11).1 The immigration judge found Tapia-Acuna deportable and denied his application for discretionary relief...

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