BARK v. IMMIGRATION & NATURALIZATION SERVICE

No. 72-3143.

511 F.2d 1200 (1975)

Sang Chul BARK, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

February 5, 1975.


Attorney(s) appearing for the Case

Donald L. Ungar of Phelan, Simmons & Ungar, San Francisco, Cal., for petitioner.

James L. Browning, Jr., U. S. Atty., William B. Spohn, Asst. U. S. Atty., Chief, Civil Div., Bernard J. Hornbach, Sp. Asst. U. S. Atty., for respondent.

Before MERRILL, HUFSTEDLER, and CHOY, Circuit Judges


OPINION

HUFSTEDLER, Circuit Judge:

Petitioner was denied adjustment of status from student visitor to permanent resident, pursuant to section 245 of the Immigration and Nationality Act ("the Act") (8 U.S.C. § 1255), and he seeks review. Respondent has conceded that the denial was based solely on the Immigration Judge's conclusion, affirmed by the Board of Immigration Appeals, that petitioner was ineligible for adjustment of status because the marriage...

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