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SANTIAGO v. IMMIGRATION & NATURALIZATION SERVICE

Nos. 73-2497, 73-2499, 73-2498 and 73-2462.

526 F.2d 488 (1975)

Raul Domingo SANTIAGO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. Benjamin PAGLINAWAN, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. Vicente Ada CATAM, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. Muhammad Aslam KHAN, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

October 31, 1975.

Attorney(s) appearing for the Case

Robert S. Bixby (argued), of Fallon, Hargreaves, Bixby & McVey, San Francisco, Cal., for Muhammad Aslam Khan.

Donald L. Ungar (argued), of Phelan, Simmons & Ungar, San Francisco, Cal., for Santiago, Paglinawan and Catam.

Bernard Hornbach, Atty. (argued), of Immigration & Naturalization Service, San Francisco, Cal., for respondent.

Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED and KENNEDY, Circuit Judges.

OPINION

SNEED, Circuit Judge:

These four cases present the question whether, on the particular facts of each, the action of an immigration officer in admitting an otherwise excludable alien estops the Government from asserting such excludability at entry as a basis for deportation. We hold estoppel to be unavailable in each case.

The petitioner in each case was granted an immigrant visa under 8 U.S.C. § 1153(a)(9) as the husband or child of...

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