Marie Rose Pierre v. Perry Rivkind, District Director, Immigration & Naturalization Service, District 6

TJOFLAT, Circuit Judge:

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Marie Rose Pierre, a Haitian national, illegally attempted to enter the United States without first obtaining a visa. She was arrested and detained by the Immigration and Naturalization Service (INS) pending the resolution of exclusion proceedings. While Pierre was in detention, she applied for a grant of political asylum which, under INS regulations, is also considered as an application for withholding of deportation. See 8 C.F.R. § 208.3(b) (1987). INS held an evidentiary hearing before its administrative tribunal, the Immigration Court. After receiving testimony…