CISTERNAS-ESTAY v. IMMIGRATION & NAT. SERVICE

No. 75-1261.

531 F.2d 155 (1976)

Julio CISTERNAS-ESTAY and Doris Cisternas-Estay, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE.

United States Court of Appeals, Third Circuit.

Decided February 25, 1976.

Rehearing Denied March 22, 1976.

As Amended May 14, 1976.


Attorney(s) appearing for the Case

James J. Orlow, Wasserman, Orlow, Kaye & Rubin, Philadelphia, Pa., for petitioner.

James P. Morris, Bowie, Md., John L. Murphy, Chester J. Halicki, Dept. of Justice, Washington, D. C., Gary Tilles, Asst. U. S. Atty., Philadelphia, Pa., for respondent.

Before GIBBONS, BIGGS and WEIS, Circuit Judges.


Rehearing En Banc Denied March 22, 1976.

OPINION OF THE COURT

BIGGS, Circuit Judge.

Cisternas-Estay petitions for review of an order by the Board of Immigration Appeals dismissing an appeal of Cisternas-Estay and his wife, in which it was contended that they were entitled to suspension of deportation under section 243(h) of the Immigration and Nationality Act of 1952, (INA), 8 U.S.C. § 1253(h). Four issues of law present themselves. The first...

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