Kazem Mohamed Abraham Muslemi v. Immigration and Naturalization Service

Petitioner seeks review of a final deportation order of the Board of Immigration Appeals entered against him in a proceeding under 8 U.S.C. § 1252 (b). Our jurisdiction rests on 8 U.S.C. § 1105a.

Deportation proceedings were instituted against petitioner on the ground that he had entered the country without an immigrant visa and that he was therefore excludable at the time of entry, 8 U.S.C. § 1182 (a) (20), and was deporta-ble pursuant'to 8 U.S.C. § 1251 (a) (1).

The sole issue on appeal is whether petitioner is entitled to the benefit of 8 U.S.C. § 1251 (f), as that statute has been construed by the Supreme Court in Immigration and Naturalization Service v. Errico (1966) 385 U.S. 214 , 87 S.Ct. 473 , 17 L.Ed.2d 318 .

Petitioner is a native of India and a citizen of Iran. In late 1965, at the United States Consulate in Bombay, petitioner inquired about obtaining an immigrant visa. He was advised that the immigrant quotas for both Iran and India had been filled. Petitioner then obtained a temporary visitor’s visa to the United States, stating that he intended to remain in this country for no more than three months. In fact, petitioner intended to reside here permanently.…