BALLENILLA-GONZALEZ v. IM. & NAT. SERV.

No. 241, Docket 76-4130.

546 F.2d 515 (1976)

Digna BALLENILLA-GONZALEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 10, 1976.


Attorney(s) appearing for the Case

Robert S. Catz, Ellen Sudow (law student), with whom Kathryn Dahl (law student), Urban Law Institute of the Antioch School of Law, Washington, D. C., Joanne M. Minor, Waterbury Legal Aid, Waterbury, Conn. (Bill Walsh, Claudia Ribet, Adrien H. Zubrin, Christopher Bell, Waterbury, Conn., of counsel), were on the brief for petitioner.

Robert S. Groban, Jr., Sp. Asst. U. S. Atty. (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Richard J. McCarthy, Asst. U. S. Atty., New York City, of counsel), for respondent.

Before KAUFMAN, Chief Judge, and MOORE and MANSFIELD, Circuit Judges.


MANSFIELD, Circuit Judge:

Petitioner overstayed her nonimmigrant student visa and was ordered deported by a Special Inquiry Officer of the Immigration and Naturalization Service ("INS") on the basis of her admission of deportability. The Board of Immigration Appeals affirmed the finding that she had overstayed her visa, but granted her permission to depart voluntarily in lieu of deportation. Instead of leaving the country...

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