Nicanor P. Penalosa v. Immigration and Naturalization Service

468 F.2d 198

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 5, 1972
• Docket: 72-1197
• Status: Published

Opinion

PER CURIAM:

Petition to review a decision of the Board of Immigration Appeals affirm-; ing the Special Inquiry Officer’s determination that petitioner is deportable and should be denied permission to depart voluntarily from the United States at his own expense in lieu of deportation. Section 244(e), Immigration and Nationality Act of 1952, 8 U.S.C. § 1254(e).

The sole question is whether the denial of the requested relief constituted an abuse of discretion. 1 The answer is plainly “no.” The record indicates, and the Special Inquiry Officer specifically found, that petitioner, at various times during his sojourn in this country, made material misrepresentations of fact to the immigration authorities with respect to matters relevant to his continuing visitorial status. Fernandez-Gonzalez v. I. N. S., 347 F.2d 737 (7th Cir. 1965).

Affirmed. The mandate will issue forthwith.

1 . That petitioner may have recently initiated some other proceeding before the Immigration Service is irrelevant to the issue on this appeal. Armstrong v. I. N. C., 445 F.2d 1395 (9th Cir. 1971).