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ASIMAKOPOULOS v. IMMIGRATION AND NATURALIZATION SERV.

No. 26616.

445 F.2d 1362 (1971)

Ioannis Georgios ASIMAKOPOULOS and Maria Asimakopoulos, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

July 30, 1971.

Attorney(s) appearing for the Case

Joseph S. Hertogs (argued), of Jackson & Hertogs, San Francisco, Cal., for petitioners.

Stephen M. Suffin, Atty., I.N.S. (argued), James L. Browning, U. S. Atty., San Francisco, Cal., Joseph Surreck, Regional Atty., San Pedro, Cal., John N. Mitchell, Atty. Gen. of U. S., Washington, D. C., for respondent.

Before DUNIWAY, CARTER and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Petitioners seek review of a decision of the Board of Immigration Appeals (the "Board") denying their petition for suspension of deportation under 8 U.S.C. § 1254(a) (1). We reverse and remand the cause to the Board for two reasons: (1) the Board applied a standard of classification of aliens eligible for suspension that is not authorized by section 1254(a) (1); (2) the Board failed to exercise the discretion that Congress committed...

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