Legal Opinion

Lourdes Cabuco-Flores v. Immigration & Naturalization Service, Genevieve L. Mangabat v. Immigration & Naturalization Service

Court of Appeals for the Ninth Circuit

Decided April 13, 1973No. 72-1333, 72-1818PublishedCited by 24 opinions

1Opinion of the Court

BROWNING, Circuit Judge:

These petitions for review raise a common question under section 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251(f), an ameliorative statute providing that in some circumstances fraud or misrepresentation by an entering alien who has close family ties with a citizen or lawfully admitted permanent resident may be waived as a ground for deportation. 1 The issue is whether section 241(f) applies to deportation of a temporary visitor on the ground that the visitor has overstayed the period authorized. We hold that it does not.

Both petitioners are aliens,…

2Cases cited16 opinions

  1. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  2. Immigration & Naturalization Service v. ErricoSupreme Court of the United States · 1967
  3. Lee Fook Chuey, Also Known as Huey Gock Yut and Jimmie Huey v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1971
  4. Thomas Glenn Jolley v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1971
  5. Bong Youn Choy and Tung Suck Choy v. Bruce G. Barber, District Director, Department of Justice, Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1960

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3Cited by24 opinions

  1. District of Columbia v. Sierra ClubDistrict of Columbia Court of Appeals · 1996
  2. Reid v. Immigration & Naturalization ServiceSupreme Court of the United States · 1975
  3. ANSELMOBoard of Immigration Appeals · 1989
  4. ASSAADBoard of Immigration Appeals · 2003
  5. Hamid Shoaee v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1983

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