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BHAKTA v. IMMIGRATION & NATURALIZATION SERVICE

No. 80-7663.

667 F.2d 771 (1981)

Kiranchandra BHAKTA and Tara Bhakta, Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1981.

As Modified on Denial of Rehearing January 21, 1982.

Attorney(s) appearing for the Case

Michael D. Ullman, Frank & Greenberg, Inc., Beverly Hills, Cal., for petitioners.

Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for respondent.

Before ELY and NORRIS, Circuit Judges, and PECKHAM, District Judge.

NORRIS, Circuit Judge.

Kiranchandra Bhakta and his wife entered the United States in June 1973. They overstayed their visas, and after a deportation hearing in November 1977, they were told to depart from the country on or before April 22, 1978. Subsequent to the deportation proceeding, Bhakta's brother's Immigrant Visa Petition was approved, and Bhakta became the beneficiary of a fifth preference visa. Accordingly, on May 1, 1979, he filed a Motion to Reopen Deportation...

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