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United States First Circuit


HERNANDEZ-BARRERA v. ASHCROFT, 02-2513

Though the plaintiff admitted to committing crimes enumerated as precluding appeal of a deportation order, his deportation was not based on commission of those crimes, so he should be allowed an appeal.

Appellate Information

  • Decided 06/09/2004
  • Published 06/09/2004

Judges

  • LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Nancy J. Kelly, with whom John Willshire and Harvard Immigration and Refugee Clinic of Greater Boston Legal Services, were on brief for petitioner.

  • For Appellees:
  • Brenda M. O'Malley, Trial Attorney, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, and Linda S. Wernery, Senior Litigation Counsel, Office of Immigration Litigation, were on brief for respondent.
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