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PATEL v. IMMIGRATION AND NATURALIZATION SERVICE

No. 75-2108.

542 F.2d 796 (1976)

Sureshichandra M. PATEL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

October 1, 1976.

Attorney(s) appearing for the Case

Milton T. Simmons, of Phelan, Simmons & Ungar, San Francisco, Cal., for petitioner.

B. Franklin Taylor, James P. Morris and Mary Jo Grotenrath, Attys. of Crim. Div., U. S. Dept. of Justice, Washington, D. C., for respondent.

Before WRIGHT and SNEED, Circuit Judges, and FITZGERALD, District Judge.

SNEED, Circuit Judge:

Patel is an Indian national who overstayed his student visa. At his deportation hearing, he requested the privilege of voluntary departure but because he had been convicted in California of a felony involving moral turpitude, namely, receiving stolen property, the Immigration Judge ruled that he was ineligible for voluntary departure. Patel has appealed. We affirm.1

I.

Patel was charged with two...

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