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CORNIEL-RODRIGUEZ v. I. N. S.

No. 765, Docket 75-4096.

532 F.2d 301 (1976)

Juana Estela CORNIEL-RODRIGUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 22, 1976.

Attorney(s) appearing for the Case

Bernard Schwarz, New York City (Antonio C. Martinez, New York City, on the brief), for petitioner.

Mary P. Maguire, Sp. Asst. U. S. Atty. (Thomas J. Cahill, U. S. Atty., S. D. N. Y., on the brief, Thomas H. Belote, Special Asst. U. S. Atty., of counsel), for respondent.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

It is, as Justice Cardozo stated long ago, a "fundamental and unquestioned" principle of our jurisprudence that "no one shall be permitted to . . . take advantage of his own wrong." R. H. Stearns Co. v. United States, 291 U.S. 54, 61-62, 54 S.Ct. 325, 328, 78 L.Ed. 647, 653 (1934). We are called upon to decide whether this venerable maxim should be invoked against the United States, to bar the...

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