Marcos Barrera-Leyva v. Immigration and Naturalization Service

This case is before the court on a petition for rehearing with suggestion for rehearing en bane. We deferred ruling on the petition for rehearing until the Supreme Court acted on the Government’s petition for certiorari in Wang v. I&NS, 622 F.2d 1341 (9 Cir. 1980), Supreme Court docket No. 80-485. On March 2, 1981, the Court granted certiorari in Wang and reversed the en banc decision of this court (per curiam). 450 U.S. 139, 101 S.Ct. 1027, 67 L.Ed.2d 123. Because our decision rested largely on Wang, we permitted counsel to file supplemental memoranda in light of the Supreme Court’s holding…