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OLANIYAN v. DISTRICT DIRECTOR, I.N.S.

No. 84-2597.

796 F.2d 373 (1986)

James Oluwole OLANIYAN and Kudirat Adebisi Olaniyan, Petitioners, v. DISTRICT DIRECTOR, IMMIGRATION and NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Tenth Circuit.

July 22, 1986.

Attorney(s) appearing for the Case

Phillip Leon, P.A., Wichita, Kan., for petitioners.

Richard K. Willard, Acting Asst. Atty. Gen., Richard M. Evans, Asst. Director, Office of Immigration Litigation, and Robert Kendall, Jr., Atty., Office of Immigration Litigation, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for respondent.

Before McKAY, BREITENSTEIN, and SEYMOUR, Circuit Judges.

McKAY, Circuit Judge.

Mr. and Mrs. Olaniyan are natives and citizens of Nigeria. Mr. Olaniyan entered the United States in 1978 as a nonimmigrant student and Mrs. Olaniyan entered the United States in 1980 as the spouse of a nonimmigrant student pursuant to § 101(a)(15)(F)(i) and (ii) of the Immigration and Nationality Act, 8 U.S.C. §§ 1101(a)(15)(F)(i) and (ii) (Supp.1985). Both Mr. and Mrs. Olaniyan were authorized by the Immigration and Naturalization...

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