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Alette RUTLEDGE, Petitioner-Appellant, v. P. A. ESPERDY, as District Director for the New York District, Immigration and Naturalization Service, United States Department of Justice, Respondent-Appellee

United States Court of Appeals for the Second Circuit1961-12-13No. No. 148, Docket 27099
297 F.2d 532

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Opinion

majority opinion

PER CURIAM.

This appeal raises the question whether an alien who legally entered the United States as a non-immigrant visitor, overstayed the permitted time and subsequently made certain misrepresentations as to her citizenship, and that of her brother, is eligible for discretionary waiver of deportation on grounds of hardship to her citizen spouse whom she married while illegally remaining in the United States. The appellant claims that she is entitled to consideration under § 7 of the Act of September 11, 1957, 8 U.S. €. § 1251a.

We affirm the decision of the court below denying such eligibility, on the reasoning of Judge Bryan’s opinion, reported at 200 F.Supp. 231 (S.D.N.Y.1981).

Affirmed.