Daniel Perez Echeverria, Petitioner, v. Immigration and Naturalization Service, Respondent, 519 F.2d 1373 (9th Cir. 1975)

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U.S. Court of Appeals for the Ninth Circuit - 519 F.2d 1373 (9th Cir. 1975)

June 24, 1975

Robert B. Johnston, California Rural Legal Assistance, El Centro, Cal., for petitioner.

Harry D. Steward, U.S. Atty., San Diego, Cal., Henry Petersen, Asst. Atty. Gen., Crim. Div., Dept. of Justice, Washington, D.C., Bernard Hornbach, Atty., Immigration and Naturalization Services, San Francisco, Cal., Joseph Sureck, Regional Atty., Immigration and Naturalization SErvice, Terminal Island, San Pedro, Cal., for respondent.


Before DUNIWAY, HUFSTEDLER and TRASK, Circuit Judges.


On February 27, 1974, in the above case, No. 73-2186, we reversed the decision of the Board of Immigration Appeals upon the authority of Lee Fook Chuey v. INS, 9 Cir., 1970, 439 F.2d 244.

The Supreme Court on March 31, 1975, in No. 73-1917, granted certiorari, vacated the judgment and remanded the case to us for further consideration in the light of Reid v. INS, 420 U.S. 619, 95 S. Ct. 164, 43 L. Ed. 2d 501 (1975).

In all material respects this case is like the case of Guel-Perales v. INS, 9 Cir., 1975, 519 F.2d 1372, decided today. In response to the remand of the Supreme Court, and for the reasons stated in Guel-Perales, we conclude that the decision of the Board of Immigration Appeals must be, and it is