Eleftherios Michael Pistentis v. Immigration and Naturalization Service

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented in this petition to review a decision of the Board of Immigration Appeals is whether the Board properly interpreted the investor regulation when it affirmed an immigration law judge’s determination that Eleftherios M. Pistentis, a Cypriot national, had failed to qualify for an investor exemption from the labor certification requirement. 1 We grant the petition, vacate the Board’s order, and remand the case for further proceedings.

I

Pistentis, the petitioner, entered the United States on August 29, 1975 as a non-immigrant…