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SCOTT v. IMMIGRATION & NATURALIZATION SERVICE

No. 502, Docket 27826.

350 F.2d 279 (1965)

Muriel May SCOTT, née Plummer, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Second Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Stanley Mailman, Fried & Mailman, New York City (Benjamin Pesikoff, New York City, on the brief), for petitioner.

James G. Greilsheimer, Sp. Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Francis J. Lyons, Sp. Asst. U. S. Atty., on the brief), for respondent.

Before LUMBARD, Chief Judge, and SMITH and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

Mrs. Muriel May Scott, née Plummer, petitions for review of a Board of Immigration Appeals order directing that she be deported as an alien excludable at the time of entry, 8 U.S.C. § 1251(a) (1), on the ground that she was not a "nonquota immigrant" as specified in her visa, 8 U.S.C. § 1181(a) (3). Although granted voluntary departure as a matter of administrative discretion, Mrs. Scott was deemed ineligible for relief...

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