Maturo v. Immigration & Naturalization Service
This text of 404 F.2d 337 (Maturo v. Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner was found deport-able at a hearing conducted on July 8, 1965. He has remained in this country, however, by resorting to various procedural expedients. He now seeks to reopen his deportation hearing in order to obtain status as a permanent resident, Both the Special Inquiry Officer and the Board of Immigration Appeals denied his motion because he was statutorily ineligible as there were no immigrant visas immediately available or likely to become so in the near future. See 8 U.S.C. Section 1255. We agree. Moreover, the record is absolutely barren of any evidence or facts to support petitioner’s claim that this determination was an abuse of discretion because others similarly situated have been allowed to remain.
The petition to review is denied and the statutory stay is vacated.
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404 F.2d 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maturo-v-immigration-naturalization-service-ca2-1968.