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JAIN v. IMMIGRATION AND NATURALIZATION SERV.

No. 437, Docket 79-4138.

612 F.2d 683 (1979)

Om Prakash JAIN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided December 21, 1979.

Attorney(s) appearing for the Case

Peter Hirsch, New York City (Antonio C. Martinez, New York City, of counsel), for petitioner.

Thomas H. Belote, Sp. Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, Michael H. Dolinger, Asst. U. S. Atty., New York City, of counsel), for respondent.

Before FEINBERG and MANSFIELD, Circuit Judges, and MISHLER, Chief District Judge.

FEINBERG, Circuit Judge:

Om Prakash Jain, a citizen of India in this country on a nonimmigrant business visa, petitions for review of a decision of the Board of Immigration Appeals, which denied his application for adjustment of status under section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255. The Board based its denial, in the exercise of its discretion, on a finding that petitioner entered the United States with a preconceived intent to remain...

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