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ZAOUTIS v. KILEY

No. 889, Docket 76-6182.

558 F.2d 1096 (1977)

Stefanos ZAOUTIS, Plaintiff-Appellee, v. Maurice KILEY, as District Director for the New York District of the Immigration and Naturalization Service, and Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 12, 1977.

Attorney(s) appearing for the Case

Daniel Riesel, New York City (Winer, Neuburger & Sive, New York City, of counsel), for plaintiff-appellee.

Robert S. Groban, Jr., Sp. Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York, Thomas H. Belote, Sp. Asst. U. S. Atty., New York City, of counsel), for defendants-appellants.

Before MANSFIELD, Circuit Judge, SMITH, Chief Judge, and PALMIERI, District Judge.

MANSFIELD, Circuit Judge:

The Immigration and Naturalization Service ("the INS") appeals from a decision and summary judgment entered by Judge Inzer B. Wyatt of the Southern District of New York declaring void an INS order which had rescinded appellee Stefanos Zaoutis' adjustment of status from non-immigrant to resident alien on the ground that the INS order was barred by the five-year time period prescribed by § 246(a) of the Immigration and Nationality Act...

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