Reyes Frias Deleon v. Immigration and Naturalization Service

TIMBERS, Circuit Judge:

This case presents another variation in the problems of construing the waiver of deportability provision of Section 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251(f) (1970) (the Act).1 That section provides for aliens whose immediate family members are lawful permanent residents of the United States a limited waiver of deportation where deportability is based on fraud at the time of entry.

On this petition to review a final order of deportation by the Board of Immigration Appeals with respect to Reyes Frias DeLeon (Frias), the essential issues are (1)…