Legal Opinion

James Lee v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided August 11, 1971No. 25954PublishedCited by 7 opinions

1Per curiam

James Lee petitions for review of an order of the Board of Immigration Appeals affirming an order of the special inquiry officer which denied him an adjustment of status under 8 U.S.C. § 1255. Lee contends the denial was an abuse of discretion.

The officer and the Board denied Lee’s application as a matter of discretion because they found he had not demonstrated his bona fide nonimmigrant status at the time of entering the United States on a nonimmigrant visa. This is a proper factor for the Board’s consideration, Castillo v. Immigration and Naturalization Service, 350 F.2d 1, 3-4 (9th Cir.…

2Cases cited1 opinion

  1. Jesus Garcia Castillo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1965

3Cited by7 opinions

  1. Om Prakash Jain v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1979
  2. Adnan Sadik Faddah and Laina Kaarina Faddah v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1977
  3. Eduardo Von Pervieux and Guistina Boschetti De Von Pervieux v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1978
  4. Nasan v. Immigration & Naturalization ServiceDistrict Court, N.D. Illinois · 1978
  5. RAFIPOURBoard of Immigration Appeals · 1978

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