Massoumeh Vosough-Kia v. District Director, United States Immigration and Naturalization Service
Opinion
Opinion
This is an appeal from a judgment of the United States District Court denying a petition for review under the Declaratory Judgment Act. Appellant was admitted as a non-immigrant visitor to the United States from October 29, 1969, to April 29, 1970. She asked for a change to non-immigrant student status from non-immigrant visitor status. The Immigration and Naturalization Service denied the application “as a matter of discretion,” noting that the American Consul who issued the original visa had written under it “will not study.”
An appeal to the Regional Commissioner was had, and dismissed (after argument), on the ground the discretion granted to the Attorney General had been exercised; and that it was controlling.
The District Court affirmed by Summary Judgment and we likewise affirm.
Two questions are presented. Did the appellee abuse his discretion in denying appellant’s application for change of status? Did the District Court err in affirming the decision of the appellee ? To both questions, the answer is no.
Appellant complains there was a total lack of any evidence to support a denial of change of status.