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HOSSEINMARDI v. IMMIGRATION AND NATURALIZATION SERVICE

No. 21772.

405 F.2d 25 (1968)

Hossein HOSSEINMARDI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 29, 1969.

Attorney(s) appearing for the Case

Seymour Mandel (argued), Los Angeles, Cal., for appellant.

William P. Lamb (argued), Asst. U. S. Atty., William M. Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civil Division, Los Angeles, Joseph Sureck, Regional Counsel, INS, San Pedro, Cal., Steve Suffin, Attorney, INS, San Francisco, Cal., for appellee.

Before BROWNING and ELY, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

Petitioner is a native and citizen of Iran, who was admitted to the United States as a student in 1959. He has remained here since, except for a short visit to Iran in 1963. He admits his visa has expired, and he does not contest deportability. He applied for a stay of deportation under § 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h),1 as amended, on the ground that if he were deported...

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