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TOMBOC v. ROSENBERG

No. 24593.

427 F.2d 677 (1970)

Benigno TOMBOC, aka Benigno Laborera, Petitioner, v. George K. ROSENBERG, District Director, Immigration and Naturalization Service of the United States Department of Justice, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 22, 1970.

Attorney(s) appearing for the Case

Richard K. Quan (argued), Hiram W. Kwan, Los Angeles, Cal., for appellant.

Carolyn M. Reynolds (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civil Division, Los Angeles, Cal., John N. Mitchell, Atty. Gen. of the United States, Washington, D. C., Joseph Sureck, Reg. Counsel, I. N. S., San Pedro, Cal., Stephen M. Suffin, Atty., I. N. S., San Francisco, Cal., for appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and WILLIAMS, District Judge.

HAMLEY, Circuit Judge:

This is a proceeding to review an order of the Immigration and Naturalization Service (Service) for the deportation of Benigno Tomboc, a native and citizen of the Philippines.

On May 5, 1965, Tomboc, then forty-five years old, entered the United States under a visa authorizing his entry as a nonimmigrant visitor for a temporary period not to exceed six months. He has remained in this country since that date. When he entered, Tomboc had...

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