Washington Law Review




Petitioner, an alien, entered the United States on a temporary visitor visa after being denied an immigrant visa because the quota for his country was oversubscribed. Five days after he was notified that deportation proceedings were being initiated against him due to expiration of his visa, petitioner married a United States citizen. His petition for permanent residence on the basis of that marriage was granted by a special inquiry officer, but the decision was reversed by the Board of Immigration Appeals [hereinafter referred to as the Board] . Petitioner moved for reconsideration urging that his deportation be suspended pursuant to 8 U.S.C. § 1251(f) (1964), which provides that an alien married to a United States citizen and "otherwise admissible at time of entry" shall not be deported for gaining entry to this country by misrepresentation or fraud. This motion was denied by the Board. His deportation was based on the charge that, because of his intention to remain here permanently, he was excludable at the time of entry as an immigrant without a valid immigrant visa. The Board held that this charge did not directly result from the fraudulent concealment of his intentions. Petitioner sought judicial review of the decision. Held: the deportation order directly resulted from petitioner's fraudulent concealment of his intention to remain permanently in the United States; therefore, even though he did not enter the country on an immigrant visa, petitioner is eligible for relief under § 1251(f) on the specific charge brought, if he was otherwise admissible at time of entry. Muslemi v. Immigration and Naturalization Service, 408 F.2d 1196 (9th Cir. 1969).

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