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BREA-GARCIA v. IMMIGRATION & NATURALIZATION SERVICE

No. 75-1599.

531 F.2d 693 (1976)

Rafael Antonio BREA-GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE (by its District Director at Newark, New Jersey), Respondent.

United States Court of Appeals, Third Circuit.

Decided February 25, 1976.

As Amended March 12, 1976.

Attorney(s) appearing for the Case

Raul F. Tous, Newark, N. J., Antonio C. Martinez, New York City, for petitioner.

B. Franklin Taylor, Jr., Acting Chief, James P. Morris, Chester J. Halicki, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before SEITZ, Chief Judge, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Rafael Antonio Brea-Garcia, a deportable alien, seeks review of the denial of his application for voluntary departure on the ground that he had committed adultery and was therefore not of good moral character. Section 244(e) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1254(e) (1971)1 allows the Attorney General to permit an alien subject to deportation proceedings...

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