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MILLER v. UNITED STATES I.N.S.

No. 83-3486.

762 F.2d 21 (1985)

Burney MILLER, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided May 10, 1985.

Attorney(s) appearing for the Case

James J. Orlow, Orlow, Fuller, Rubin & Steel, Philadelphia, Pa., for petitioner.

Alexander Ewing, Jr., Asst. U.S. Atty., Philadelphia, Pa., Allen W. Hausman, Michael J. Creppy, Stewart Deutsch, Office of Immigration Litigation, Civil Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before ALDISERT, Chief Judge, SLOVITER, and STAPELTON, Circuit Judges.

Submitted Under Third Circuit Rule 12(6), March 28, 1985.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Petitioner Burney Miller, a Jamaican citizen, entered the United States lawfully on April 19, 1969 as a nonimmigrant visitor for pleasure, authorized to remain until May 10, 1969. She did not leave at that time and therefore was deportable as an "overstay" under section 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(2...

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