Joao Pedro Porfirio Ribeiro v. Immigration and Naturalization Service

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This case comes before us on a petition for review of an order of the Board of Immigration Appeals. 1 The Board, with one member dissenting, dismissed an appeal from a decision of the Immigration Judge which had ordered petitioner deported under Section 241(a)(13) of the Immigration and Naturalization Act, 8 U.S.C. § 1251(a)(13):

Any alien in the United States (including an alien crewman) shall, upon the order of the Attorney General, be deported who—

prior to, or at the time of any entry, or at any time within five years after any entry,…