Philip Anthony Gill v. District Director of the United States Immigration and Naturalization Service

Good Law
426 F.2d 762·1970 U.S. App. LEXIS 9490
United States Court of Appeals for the Ninth CircuitApril 30, 197025580_1California335 words

Opinion

Opinion

On April 14, 1970, respondent filed a motion to dismiss this petition for review of deportation order or, in the al ternative, to summarily affirm, on the ground that the petition for review is patently frivolous. Petitioner has filed no opposition to the motion.

Petitioner, a native and citizen of British Honduras, was admitted to the United States on or about May 30, 1969, as a nonimmigrant visitor for a temporary period of not to exceed six months, pursuant to section 101(a) (15) (B) of the Immigration and Nationality Act of 1952 (Act), 8 U.S.C. § 1101 (a) (15) (B). This status requires, among other things, that the admission not be for the purpose of performing skilled or unskilled labor. Petitioner, nevertheless, on September 1, 1969, accepted employment for pay by Ace Rug and Furniture Cleaning Company, Los Angeles, California.

Because of petitioner’s acceptance of such employment, respondent instituted this proceeding to deport petitioner under section 241(a) (9) of the Act, 8 U.S.C. § 1251 (a) (9), and obtained issuance of the deportation order here under review.

Respondent resisted deportation solely on the ground that he did not knowingly or intentionally violate the…

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