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PALMER v. REDDY

No. 78-2247.

622 F.2d 463 (1980)

Pauline PALMER, Plaintiff-Appellant, v. John J. REDDY, District Director at Helena, Montana, Immigration & Naturalization Service, United States Department of Justice, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 7, 1980.

Attorney(s) appearing for the Case

Richard Ganulin, Montana Legal Services Association, Great Falls, Mont., for plaintiff-appellant.

Lorrain D. Gallinger, Asst. U. S. Atty., Billings, Mont., for defendant-appellee.

Before KENNEDY and SCHROEDER, Circuit Judges, and McNICHOLS, District Judge.

KENNEDY, Circuit Judge:

Pauline Palmer, an American citizen, married John Palmer, who had an illegitimate daughter, one Ina May Palmer. Pauline applied for a visa preference for her stepdaughter Ina May, in reliance upon 8 U.S.C. § 1101(b)(1)(B). The statute provides:

(b) As used in subchapters I and II of this chapter— (1) The term "child" means an unmarried person under twenty-one years of age who is— . . ...

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