Legal Opinion · Dissent
Bahman Khadjenouri v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided May 11, 1972No. 71-2190Published
1DissentTrask, Circuit Judge
I respectfully dissent. The petitioner obtained an adjustment of status, to that of a person admitted for permanent residence, after an initial entry as a temporary visitor for pleasure. This adjustment of status was pursuant to Section 245(a) of the Immigration & Nationality Act, 8 U.S.C. § 1255(a). Following a later administrative hearing, this adjustment of status was rescinded under Section 246(a) of the Act, 8 U.S. C. § 1256(a). This latter Section provides, in pertinent part, that if the person was not eligible for adjusted status,
“the Attorney General shall rescind the action taken . .…
2Cases cited7 opinions
- Immigration & Naturalization Service v. ErricoSupreme Court of the United States · 1967
- Lee Fook Chuey, Also Known as Huey Gock Yut and Jimmie Huey v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1971
- Thomas Glenn Jolley v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1971
- Linda Lee Amarante v. Rosenberg, District Director, Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1964
- Francesco Ferrante v. Immigration and Naturalization Service, Francesco Ferrante and Kathy Ferrante v. Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 1968
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