Robert Dabaghian v. Benjamin Civiletti, Attorney General of the United States

Dabaghian appeals from the district court’s judgment upholding a decision of the Immigration and Naturalization Service (“INS”) which stripped him of permanent-resident status. We reverse and remand with instruction to enter judgment for Dabaghian.

Dabaghian is a native and citizen of Iran. He entered the United States as a visitor in 1967 and obtained student status in 1968. In September 1971 he married a United States citizen. In October 1971 he applied for adjustment of status to “alien lawfully admitted for permanent residence” under § 245 of the Immigration and Nationality Act (“the Act”), 8 U.S.C. § 1255 . The adjustment of status was granted on January 13, 1972, a date on which there is contested evidence to show that he was separated from his wife. On January 28, 1972, Dabaghian filed for divorce, which was granted seven months later. In September 1973 he married an Iranian citizen.

In August 1974 the Attorney General moved under § 246 of the Act, 8 U.S.C. § 1256 , to rescind the adjustment of status on the ground that Dabaghian had not in fact been eligible for it at the time it was granted. The Immigration Judge revoked Dabaghian’s status as a permanent resident; a…