Ins v. Bagamasbad, 429 U.S. 24 (1976)

INS v. Bagamasbad


No. 75-1666


Decided November 1, 1976
429 U.S. 24

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE THIRD CIRCUIT

Syllabus

Where respondent alien, upon overstaying her tourist visa, applied to have her status adjusted to that of a permanent resident alien pursuant to 8 U.S.C. § 1255(a) (which authorizes the Attorney General in his discretion to make such an adjustment if, inter alia, the alien would be eligible for an immigrant visa and admissible as a permanent resident), an immigration judge in denying the application in the exercise of his discretion was not required to make advisory findings and conclusions as to respondent’s statutory eligibility for admission as a permanent resident.

Certiorari granted; 531 F.2d 111, reversed.