Moon Ho Kim v. United States Immigration and Naturalization Service

MERHIGE, District Judge.

Petitioner, a citizen of the Republic of Korea, pursuant to § 106 of the Immigration and Nationality Act, 8 U.S.C.A. § 1105a(a)(1), seeks review of a final order of an Immigration Judge, appealed to and affirmed by the Board of Immigration Appeals, denying him the privilege, in lieu of deportation, of voluntary departure.

The issue here centers on the lack of uniformity on the part of the respective states as to the definition of adultery.

Briefly, petitioner, then married to a woman living in Korea, entered the United States as a visitor and, on March 21, 1972, was…