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KWON v. IMMIGRATION AND NATURALIZATION SERVICE

No. 79-2850 Summary Calendar.

610 F.2d 353 (1980)

Dong Sik KWON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

January 25, 1980.

Attorney(s) appearing for the Case

Eugenio Cazorla, Dallas, Tex., for petitioner.

Eric A. Fisher, Atty., James P. Morris, Atty., Govt. Reg. & Labor Section, Dept. of Justice, Washington, D.C., for respondent.

Before GOLDBERG, RUBIN and POLITZ, Circuit Judges.

PER CURIAM:

The Immigration Service, in violation of its regulations, accepted an application from Dong Sik Kwon, a Korean national, for permanent residence in the United States as an investor, a non-preference status, at a time when his application could not be accepted because there were no non-preference numbers available, and then kept it for more than two years. The visa seeker contends that, had his application been promptly rejected, he could and would have...

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