PERSAUD v. IMMIGRATION AND NATURALIZATION SERVICE

No. 75-1499.

537 F.2d 776 (1976)

Kelly K. PERSAUD, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 29, 1976.


Attorney(s) appearing for the Case

Robert Jay Vedatsky, John T. Spotila, Philadelphia, Pa., for petitioner.

B. Franklin Taylor, Acting Chief, Government Regulations Section, Crim. Div., James P. Morris, Chester J. Halicki, Dept. of Justice, Washington, D.C., for respondent.

Before VAN DUSEN and WEIS, Circuit Judges, and STERN, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

A variation on the problem of prosecutorial discretion underlies this appeal from a deportation order. The Immigration and Naturalization Service filed two charges against an alien, each based on the same misrepresentation. On the more serious of the charges, a statutory forgiveness provision may be available but the Service refused to consider it, maintaining that the relief was not applicable to the other charge...

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