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MWONGERA v. I.N.S.

No. 98-6436.

187 F.3d 323 (1999)

David Kinyua MWONGERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Filed July 22, 1999.

Attorney(s) appearing for the Case

Steven A. Morley, Bagia & Morley, Philadelphia, PA, for Petitioner.

David W. Ogden, Acting Assistant Attorney General, Joan E. Smiley, Senior Litigation Counsel, Steven J. Kim, Attorney, Karen F. Torstenson, Attorney, Michael P. Lindemann, Attorney, Alison M. Igoe, Attorney, Office of Immigration Litigation, Civil Division,, Department of Justice Washington, D.C., for Respondent.

Before: SLOVITER and MANSMANN Circuit Judges and O'NEILL, District Judge.

Submitted Under Third Circuit LAR 34.1(a) June 8, 1999.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Introduction

David Kinyua Mwongera petitions for review of the Board of Immigration Appeals' ("BIA") decision ordering him excluded from the United States on the grounds that he was not in possession of a valid immigrant visa and had procured a visa by fraud. For the reasons set forth hereafter, we will deny the...

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