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SINGH v. IMMIGRATION AND NATURALIZATION SERVICE

No. 26512.

456 F.2d 1092 (1972)

Jiwan SINGH, Plaintiff-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE and Cecil W. Fullilove, District Director, Immigration and Naturalization Service, San Francisco District, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 13, 1972.

Attorney(s) appearing for the Case

John L. Murphy (argued) Bowie, Md., Murray R. Stein, Attys., U. S. Dept. of Justice, Washington, D. C., James L. Browning, Jr., U. S. Atty., David R. Urdan, Asst. U. S. Atty., San Francisco, Cal., for defendant-appellant; Will Wilson, Asst. Atty. Gen., Paul C. Summitt, Atty., U. S. Dept. of Justice, Washington, D. C., of counsel.

Joseph Hertogs (argued), San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and PREGERSON, District Judge.

PREGERSON, District Judge:

This case presents a perplexing question of statutory construction. The sole issue before this Court is the proper interpretation of a statute of limitations provision in the Immigration and Nationality Act of 1952, as amended [hereinafter, "the Act"], 8 U.S.C. §§ 1101 et seq.

Jiwan Singh is a citizen of India who entered the United States as a non-immigrant student on January...

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