Bahman Khadjenouri v. Immigration and Naturalization Service

(dissenting):

I respectfully dissent. The petitioner obtained an adjustment of status, to that of a person admitted for permanent residence, after an initial entry as a temporary visitor for pleasure. This adjustment of status was pursuant to Section 245(a) of the Immigration & Nationality Act, 8 U.S.C. § 1255 (a). Following a later administrative hearing, this adjustment of status was rescinded under Section 246(a) of the Act, 8 U.S. C. § 1256(a). This latter Section provides, in pertinent part, that if the person was not eligible for adjusted status,

The rescission proceeding resulted in a decision of the Special Inquiry Officer that although petitioner had entered the United States lawfully as a temporary visitor for pleasure, he had thereafter remained by fraud. In the following deportation proceedings, the Officer found petitioner deportable under Section 241(a) (2) of the Act, 8 U.S.C. § 1251 (a) (2). He denied petitioner’s motion that the deportation proceedings be terminated under Section 241(f) of the Act, 8 U.S.C. § 1251 (f), even though petitioner had become the father of a child born in the United States.

The sole question presented by this appeal is whether a…

ORDER OF AFFIRMANCE

The decision of the Board of Immigration Appeals denying Khadjenouri’s application for termination of deportation proceedings is affirmed.

We hold that Section 241(f) of the Immigration and Naturalization Act, 8 U.S.C. § 1251 (f) does not apply here. There is a difference between fraud after entry and fraud to obtain entry. Ferrante v. Immigration and Naturalization Service, 399 F.2d 98 (6th Cir. 1968).

We are not convinced that the petitioner could never again obtain reentry.

460 F.2d 461 Bahman KHADJENOURI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 71-2190. United States Court of Appeals, Ninth Circuit. May 11, 1972. Allen R. Jackson (argued), of Jackson & Hertogs, San Francisco, Cal., for petitioner. Steve Suffin (argued), INS, Richard L. Williams, Dist. Dir., INS, San Francisco, Cal., James L. Browning, Jr., U. S. Atty., William B. Spohn, Asst. U. S. Atty., San Francisco, Cal., Joseph Surreck, Reg. Counsel INS, San Pedro, Cal., Henry E. Peterson, Asst. Atty. Gen., Washington, D. C., for respondent. 1 Before CHAMBERS and TRASK, Circuit Judges, and MURRAY, * District Judge. ORDER OF AFFIRMANCE 2 The decision of the Board of Immigration Appeals denying Khadjenouri's application for termination of deportation proceedings is affirmed. 3 We hold that Section 241(f) of the Immigration and Naturalization Act, 8 U.S.C. Sec. 1251 (f) does not apply here. There is a difference between fraud after entry and fraud to obtain entry. Ferrante v. Immigration and Naturalization Service, 399 F.2d 98 (6th Cir. 1968). 4 We are not convinced that the petitioner could never again obtain reentry. TRASK, Circuit Judge (dissenting): 5 I…