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MUKHERJEE v. I.N.S.

Nos. 85-3723, 85-3761.

793 F.2d 1006 (1986)

Dipankar MUKHERJEE, Plaintiff-Appellee/Cross-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 21, 1986.

Designated for Publication July 3, 1986.

Attorney(s) appearing for the Case

Paul R. Hribernick, Gerald H. Robinson, Portland, Or., for plaintiff-appellee/cross-appellant.

Alfred Mullin, Barbara L. Herwig, Richard A. Olderman, Dept. of Justice, Washington, D.C., for defendant-appellant/cross-appellee.

Before FLETCHER, ALARCON and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge.

The INS appeals from the district court's grant of summary judgment to appellee Dipankar Mukherjee. The INS asserts that the district court erred in holding that the INS is estopped from subjecting Mukherjee to the two-year foreign residence requirement of 8 U.S.C. § 1182(e). Mukherjee cross-appeals the district court's failure to find that the INS abused its discretion in denying Mukherjee a waiver of the two-year requirement and the...

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