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VERDUZCO-AREVALO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 92-4643.

989 F.2d 186 (1993)

Juan Jose VERDUZCO-AREVALO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

April 27, 1993.

Attorney(s) appearing for the Case

Margaret D. Burkhart, Edinburg, TX, for petitioner.

Charles E. Pazar, Robert Kendall, Jr., Robert L. Bombough, U.S. Dept. of Justice, William Barr, Atty. Gen., Dept. of Justice, Alice M. King, Mark C. Walters, Philemina Jones, Robert L. Bombough, Director I.N.S., Washington, DC, John B.Z. Caplinger, Dist. Director, I.N.S., New Orleans, LA, Omer G. Sewell, Dist. Director, Harlington, TX, for respondent.

Before POLITZ, Chief Judge, KING and DUHÉ, Circuit Judges.

POLITZ, Chief Judge:

Denied a waiver of deportation by an immigration judge, Juan Jose Verduzco-Arevalo seeks review of the summary dismissal of his appeal by the Board of Immigration Appeals. Finding an abuse of discretion, we grant the petition, reverse the BIA's summary dismissal, and remand the appeal to the BIA for consideration of the merits.

Background

Verduzco, a Mexican national, was admitted...

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