Khosrow Gharib Rashtabadi v. Immigration & Naturalization Service
Opinion
Opinion
Fernandez, J.
Opinion by Judge FERNANDEZ.
Khosrow Rashtabadi, a citizen of Iran, petitions for review of the Board of Immigration Appeals’ affirmance of an immigration judge’s decision which found him deportable under 8 U.S.C. § 1251 (a)(1), denied his application for adjustment of status, 8 U.S.C. § 1255 (a), found him ineligible for a waiver of inadmissibility, 8 U.S.C, § 1182(h), and denied his request for voluntary departure, 8 U.S.C. § 1254 (e). We dismiss the petition in part, grant it in part, and deny it in part.
BACKGROUND
Rashtabadi came to this country from Iran in 1980. At the time of his entry, he did not have any valid entry documentation. In July 1982, Rashtabadi was arrested for his part in an elaborate fraud scheme in which several investors were held hostage at a house during a fake “police raid.” On July 23, 1982, while he was awaiting trial on grand theft and false imprisonment charges, the INS served an order to show cause on Rashtaba-di. It alleged that he was deportable under 8 U.S.C. § 1251 (a)(1) as an alien who entered for the purpose of residing permanently in the United States without a valid immigrant visa or other entry documents.