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MONTEMURRO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 23505.

409 F.2d 832 (1969)

Nicola MONTEMURRO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Ninth Circuit.

April 15, 1969.

Attorney(s) appearing for the Case

David C. Marcus (argued), Los Angeles, Cal., for petitioner.

Herbert M. Schoenberg (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Asst. U. S. Atty., Los Angeles, Cal., Joseph Sureck, Regional Counsel, San Pedro, Cal., Stephen Suffin, I. N. S., San Francisco, Cal., Ramsey Clark, Atty. Gen., Washington, D. C., for respondent.

Before: CHAMBERS and KOELSCH, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

At his deportation proceeding Nicola Montemurro, an Italian national, applied for an adjustment of status from non-immigrant visitor to that of an alien lawfully admitted for permanent residence. (8 U.S.C. § 1255). His application was rested upon the contention that he was the "spouse" of one Maria Elcira Ardiles, an Argentine national who had previously been lawfully admitted into the United States for permanent...

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