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MENDOZA-HERNANDEZ v. IMMIGRATION & NATURALIZATION SERV.

No. 80-2615.

664 F.2d 635 (1981)

Miguel MENDOZA-HERNANDEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1981.

Rehearing and Rehearing Denied December 15, 1981.

Attorney(s) appearing for the Case

Ralph M. Schelly, Chicago, Ill., for petitioner.

Richard M. Evans, Civil Dept., Dept. of Justice, Washington, D. C., for respondent.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and BAUER, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 15, 1981.

SWYGERT, Senior Circuit Judge.

The petitioner, Miguel Mendoza-Hernandez, is a citizen of Mexico who last entered the United States on April 17, 1969. He obtained a visa as an immediate relative immigrant because of his alleged marriage to a United States citizen.

The petitioner, however, was previously married in Mexico and had not divorced his wife...

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