Jesus Manuel Laredo-Miranda, A/K/A Raul Laredo-Miranda v. Immigration & Naturalization Service Etc.

I respectfully dissent. I would hold that this case is controlled by Rosenberg v. Fleu-ti, 1963, 374 U.S. 449, 83 S.Ct. 1804, 10 L.Ed.2d 1000, and its progeny in this Circuit, Vargas-Banuelos v. Immigration and Naturalization Service, 5 Cir. 1972, 466 F.2d 1371 and Yanez-Jacquez v. Immigration and Naturalization Service, 5 Cir. 1971, 440 F.2d 701.

In Yanez-Jacquez, the petitioner, legally admitted into the United States in 1955, made a brief excursion into Mexico in 1963 to avenge an assault committed upon him while he was in Mexico the day before. He forgot to take with him his Border…