The following excerpt is from Duran v. I.N.S., 756 F.2d 1338 (9th Cir. 1985):
In United States v. Barraza-Leon, 575 F.2d 218 (9th Cir.1978), we considered the application of this regulation to an alien's right to relief under 8 U.S.C. Sec. 1254, which provides for suspension of deportation for aliens with seven years' continuous residence in the United States. Barraza, a deportable alien, argued that the Immigration Judge was required to determine whether he was eligible for suspension of deportation under 8 U.S.C. Sec. 1254, even though the record was devoid of any indication that he was entitled to such relief. We rejected this argument and held that "[u]ntil the respondent himself or some other person puts information before the judge that makes such eligibility 'apparent,' this duty does not come into play." Id. at 222.
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