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ESPINOZA-ESPINOZA v. IMMIGRATION & NAT. SERV.

No. 76-1378.

554 F.2d 921 (1977)

Atanasio ESPINOZA-ESPINOZA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

May 18, 1977.

Attorney(s) appearing for the Case

Leland G. Ripley, Evergreen Legal Services, Seattle, Wash., submitted briefs for petitioner.

Lawrence Walton Chamblee, Atty. Criminal Division, U.S. Dept. of Justice, Washington, D.C., Robert M. Taylor, U. S. Atty., Seattle, Wash., Richard L. Thornburgh, Asst. Atty. Gen., Crim. Div., U. S. Dept. of Justice, Washington, D. C., Brian H. Simpson, Immigration and Nat. Service, San Francisco, Cal., Bernard S. Karmiol, Regional Counsel, Immigration and Nat. Service, San Pedro, Cal., Joseph M. Swing, Dist. Director, Immigration and Nat. Service, Seattle, Wash., Philip Wilens, Acting Chief Govt. Reg. and Labor Crim. Div., U. S. Dept. of Justice, Washington, D. C., submitted briefs for respondent.

Before: CHOY and KENNEDY, Circuit Judges, and FERGUSON, District Judge.

CHOY, Circuit Judge:

Atanasio Espinoza-Espinoza has petitioned this court for review of a final order of deportation. He challenges the order on two grounds: (1) He received insufficient notice of the facts on which his deportability was premised; and (2) the Immigration and Naturalization Service (the INS) did not prove an element of the charge, i. e., the willfulness of an admittedly material misrepresentation by petitioner on his visa application. We affirm...

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