FIRESTONE v. HOWERTON

No. 81-5241.

671 F.2d 317 (1982)

Fred FIRESTONE, Plaintiff-Appellant, v. Joseph HOWERTON, individually and in his official capacity as Los Angeles District Director of the Immigration and Naturalization Service; David Crosland, individually and in his own official capacity as Commissioner of the Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1982.


Attorney(s) appearing for the Case

Gary Silbiger, Silbiger & Honing, Los Angeles, Cal., for plaintiff-appellant.

Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for defendants-appellees.

Before WRIGHT, ALARCON, and REINHARDT, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

Fred Firestone, an 81 year-old immigrant from the Soviet Union, entered this country in 1920. He was a member of the Workers Communist Party from 1928 to 1940, but an immigration judge dismissed deportation proceedings against him in 1964 because the government failed to prove he had been a "meaningful member."

In 1977, he applied for adjustment of status to that of a permanent resident under 8 U.S.C. § 1259.

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