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UNITED STATES IMMIGRATION & NATURALIZATION SERV. v. HIBI

No. 72-1562.

475 F.2d 7 (1973)

UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant, v. Marciano Haw HIBI, Petitioner-Appellee.

United States Court of Appeals, Ninth Circuit.

February 8, 1973.

Attorney(s) appearing for the Case

Joseph Sureck, Regional Counsel (argued), I & NS, San Pedro, Cal., Stephen M. Suffin, I & NS, San Francisco, Cal., James L. Browning, Jr., U. S. Atty., William B. Spohn, Asst. U. S. Atty., San Francisco, Cal., Richard Kleindienst, Acting Atty. Gen., Dept. of Justice, Washington, D. C., for respondent-appellant.

Donald L. Ungar (argued), Milton T. Simmons, of Phelan, Simmons & Ungar, San Francisco, Cal., for petitioner-appellee.

Before BARNES and TRASK, Circuit Judges, and EAST, District Judge.

TRASK, Circuit Judge:

This is an appeal from an order granting the petition for naturalization of Marciano Haw Hibi, a Philippine native, over the recommendation of the Naturalization Examiner of the Immigration and Naturalization Service that the petition be denied. The basis for the petition was Hibi's service in the Armed Forces of the United States during its war with Japan.

The issues on appeal involve the discretion, if any, invested in the Commissioner...

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