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VITALES v. IMMIGRATION AND NATURALIZATION SERVICE

No. 26686.

443 F.2d 343 (1971)

Jovencia Arce VITALES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

May 28, 1971.

Attorney(s) appearing for the Case

Robert S. Bixby (argued), of Fallon, Hargreaves & Bixby, San Francisco, Cal., for petitioner.

Charles Gordon (argued), Gen. Counsel, I. N. S., Washington, D. C., James L. Browning, Jr., U. S. Atty., Stephen Suffin, Atty., I. N. S., San Francisco, Cal., John N. Mitchell, U. S. Atty. Gen., Washington, D. C., for respondent.

Before BARNES, DUNIWAY, Circuit Judges, and GRAY, District Judge.

PER CURIAM:

Vitales was admitted to this country from the Philippines on July 21, 1968 under a non-immigrant visitors' visa. On May 18, 1969, she gave birth to a child in the United States. She overstayed the permitted time and was charged with being deportable under § 241(a) (2) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a) (2). At a hearing before a Special Inquiry Officer she admitted the charge but sought to show that, under § 241(f...

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