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DASTMALCHI v. IMMIGRATION & NATURALIZATION SERVICE

Nos. 80-2432, 80-2440 and 80-2441.

660 F.2d 880 (1981)

Ali Akabar DASTMALCHI, Petitioner in No. 80-2432 and Mohsen Tarassoly, Petitioner in No. 80-2440 and Hossein Saliminia, Petitioner in No. 80-2441, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided September 17, 1981.

Rehearing Denied November 13, 1981.

Attorney(s) appearing for the Case

Robert P. Deasy (argued), Healy & Deasy, Pittsburgh, Pa., for petitioners.

James P. Morris, General Litigation and Legal Advice Section, Criminal Division, James A. Hunolt (argued), Dept. of Justice, Washington, D. C., for respondent.

Before ADAMS, HUNTER and SLOVITER, JJ.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Petitioners in this appeal, nonimmigrant Iranian students found deportable by the Immigration and Naturalization Service (INS), attack on constitutional grounds the regulation which led to discovery of their illegal immigration status. In addition, petitioners contend that the INS abused its discretion both in implementing that regulation and in refusing to restore them to nonimmigrant student status. Because we...

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