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Dabaghian v. Civiletti

United States Court of Appeals for the Ninth Circuit
607 F.2d 868 (1979)


Facts

Dabaghian (plaintiff) was born in Iran and entered the United States as a visitor in 1967 and received a student visa in 1968. In October 1971, he applied to change his status to a permanent resident alien. The Immigration and Nationalization Service (INS) granted his status adjustment on January 13, 1972. There is evidence that he was separated from his wife on this date. Dabaghian filed for divorce on January 28, 1972. The divorce was granted seven months later. He married an Iranian citizen in September 1973. In August 1974, the Attorney General moved to rescind the status adjustment based on the fact that Dabaghian had not been eligible when it was granted. There was no claim or proof that Dabaghian’s first marriage was a fraud or sham. The Immigration Judge revoked Dabaghian’s permanent resident status, and the Board of Immigration Appeals affirmed the revocation in a split decision. The district court then dismissed his appeal on a motion for summary judgment. Dabaghian appealed that dismissal to the Court of Appeals for the Ninth Circuit.

Rule of Law

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Issue

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Holding and Reasoning (Choy, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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