In Gun Choe v. Immigration & Naturalization Service

ALARCON, Circuit Judge,

specially concurring in part and dissenting in part.

In this matter, the Immigration and Naturalization Service (INS) issued an order to show cause against Reverend In Gun Choe charging that he was deportable on the basis that he was excludable at his time of entry into the United States because (1) he had obtained an adjustment of immigration status to permanent resident as a special immigrant minister by fraud or willful misrepresentation of a material fact; and (2) at the time of his entry into the United States as a visitor, he intended to remain permanently and to…