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MADANY v. SMITH

No. 82-1122.

696 F.2d 1008 (1983)

Nooria MADANY, Appellant, v. William French SMITH, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 1983.

Attorney(s) appearing for the Case

Eric Sitarchuk,* for appellant.

Richard A. Stern-Boswell, Professor, George Washington University, National Law Center, Washington, D.C., was on the brief for appellant.

Richard M. Evans, Atty., Dept. of Justice, Washington, D.C., for appellees.

Lauri Steven Filppu and William C. Brown, Attys., Dept. of Justice, Washington, D.C., were on the brief for appellees.

Before ROBINSON, Chief Judge, and MacKINNON and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Appellant, Nooria Madany, challenges the statutory authority of the Immigration and Naturalization Service (INS) to deny an alien's petition for a third preference visa classification when, in the view of INS, the alien does not possess the requisite job qualifications. Appellant's claim stems from the ambiguity surrounding the proper division of authority between INS and the Department...

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