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ASUNCION v. DISTRICT DIRECTOR OF U.S. IMMIGRATION & N. SERV.

No. 24143.

427 F.2d 523 (1970)

Cynthia ASUNCION, Appellant, v. DISTRICT DIRECTOR OF the UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Appellee.

United States Court of Appeals, Ninth Circuit.

June 2, 1970.

Attorney(s) appearing for the Case

Arthur D. Cohen (argued), Hiram W. Kwan, Los Angeles, Cal., for appellant.

David H. Anderson (argued), Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., John N. Mitchell, U. S. Atty. Gen., Washington, D. C., Steven M. Suffin, I.N.S., San Francisco, Cal., Joseph Sureck, Regional Counsel, San Pedro, Cal., for appellee.

Before HAMLEY, BROWNING and TRASK, Circuit Judges.

TRASK, Circuit Judge.

Cynthia Asuncion appeals from the District Court's granting of the Immigration and Naturalization Service's motion for a summary judgment on her petition for judicial review of the Service's denial of a preference visa. The District Court had jurisdiction under the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Administrative Procedure Act, 5 U.S.C. § 701 et seq.

Miss Asuncion, a native and citizen of the Philippines, attended...

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