AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

NICANOR P. PENALOSA, PETITIONER, v. IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT.

PER CURIAM:

Petition to review a decision of the Board of Immigration Appeals affirming the Special Inquiry Officer's determination that petitioner is deportable and should be denied permission to depart voluntarily from the United States at his own expense in lieu of deportation. Section 244(e), Immigration and Nationality Act of 1952, 8 U.S.C. § 1254(e).

The sole question is whether the denial of the requested relief constituted an abuse of discretion. The answer is plainly "no." The record indicates, and the Special Inquiry Officer specifically found, that petitioner, at various times during his sojourn in this country, made material misrepresentations of fact to the immigration authorities with respect to matters relevant to his continuing visitorial status. Fernandez-Gonzalez v. I. N. S., 347 F.2d 737 (7th Cir. 1965).

That petitioner may have recently initiated some other proceeding before the Immigration Service is irrelevant to the issue on this appeal. Armstrong v. I. N.C., 445 F.2d 1395 (9th Cir. 1971).

Affirmed. The mandate will issue forthwith.

Use AI to get other relevant cases.

Comments

PENALOSA v. IMMIGRATION NATURALIZATION SERV
(Oct 5, 1972)