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PEI-CHI TIEN v. IMMIGRATION & NAT. SERVICE

No. 80-1955 Summary Calendar.

638 F.2d 1324 (1981)

David PEI-CHI TIEN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit. Unit A

March 12, 1981.

Attorney(s) appearing for the Case

Wasserman, Orlow, Ginsberg & Rubin, Mark A. Mancini, Thomas A. Elliot, Washington, D. C., for petitioner.

Benjamin R. Civiletti, Atty. Gen., U. S. Dept. of Justice, Philip Wilens, Chief Govt. Reg. & Labor Sec., Eric Fisher, James P. Morris, Stephen M. Weglian, Attys., Crim. Div., U. S. Dept. of Justice, Washington, D. C., for respondent.

Edwin Chauvin, Jr., Dist. Director, INS, New Orleans, La., Paul B. O'Neill, Houston, Tex., for other interested parties.

Before POLITZ, TATE and SAM D. JOHNSON, Circuit Judges.

TATE, Circuit Judge:

The petitioner, David Pei-Chi Tien, a native and citizen of the Republic of China, appeals from a Board of Immigration Appeals order denying him relief from deportation on the basis that he was statutorily ineligible for an adjustment of alien status from nonimmigrant visitor to permanent resident. Section 245, Immigration and Nationality Act, 8 U.S.C. § 1255. We hold that the Board erred as a matter of law in denying the requested relief...

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