FULGENCIO v. IMMIGRATION & NATURALIZATION SERVICE

No. 76-2709.

573 F.2d 596 (1978)

Bayani Posadas FULGENCIO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 17, 1978.


Attorney(s) appearing for the Case

L. G. Smith, Oakland (argued), of Smith & Strickfaden, Benicia, Cal., for petitioner.

Philip Wilens, Chief, Lauren S. Kahn (argued), Lawrence W. Chamblee (on the brief), Dept. of Justice, Washington, D. C., for respondent.

Before WRIGHT and TANG, Circuit Judges, and THOMPSON, District Judge.


EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a final order of deportation which was upheld by the Board of Immigration Appeals.

The issues are: (1) whether the immigration judge abused his discretion in denying appellant an adjustment of status to that of permanent resident; and (2) whether the immigration judge was permitted to make a conditional adjustment of status order which could be revoked on a motion to reopen deportation proceedings.

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