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DeLEON v. IMMIGRATION AND NATURALIZATION SERVICE

No. 849, Docket 75-4151.

547 F.2d 142 (1976)

Reyes Frias DeLEON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided October 18, 1976.

Attorney(s) appearing for the Case

Anna M. Durbin, Law Student Intern, Yale Law School, New Haven, Conn. (Michael J. Churgin, Austin, Tex., Judith M. Mears, Dennis E. Curtis, Stephen Wizner and Mary F. Keller, New Haven, Conn., on the brief), for petitioner.

Taggart D. Adams, Asst. U. S. Atty., New York City (Thomas J. Cahill, U. S. Atty., Steven J. Glassman, Asst. U. S. Atty., and Mary P. Maguire, Sp. Asst. U. S. Atty., New York City, on the brief), for respondent.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

This case presents another variation in the problems of construing the waiver of deportability provision of Section 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251(f) (1970) (the Act).1 That section provides for aliens whose immediate family members are lawful permanent residents of the United States a limited waiver of deportation where deportability is based on fraud at the time of entry.<...

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