NICANOR P. PENALOSA, PETITIONER,
v.
IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT

9th Cir. | 1972-10-05
No. 72-1197
468 F.2d 198 United States Court of Appeals for the Ninth Circuit (1972) Positive Treatment
Cited by 4 cases

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Holding

The court held that the denial of voluntary departure was not an abuse of discretion.


Facts & Procedural History

Petitioner sought voluntary departure from the United States but was found deportable. The Special Inquiry Officer determined petitioner made material…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Petition to review a decision of the Board of Immigration Appeals affirm-; ing the Special Inquiry Officer’s determination that petitioner is deportable and should be denied permission to depart voluntarily from the United States at his own expense in lieu of deportation. Section 244(e), Immigration and Nationality Act of 1952, 8 U.S.C. § 1254(e).

The sole question is whether the denial of the requested relief constituted an abuse of discretion.1 The answer is plainly “no.” The record indicates, and the Special Inquiry Officer specifically found, that petitioner, at various times during his sojourn in this country, made material misrepresentations of fact to the immigration authorities with respect to matters relevant to his continuing visitorial status. Fernandez-Gonzalez v. I. N. S., 347 F. 2d 737 (7th Cir. 1965).

Affirmed. The mandate will issue forthwith.

. That petitioner may have recently initiated some other proceeding before the Immigration Service is irrelevant to the issue on this appeal. Armstrong v. I. N. C., 445 F. 2d 1395 (9th Cir. 1971).


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