Dabaghian v. Civiletti
United States Court of Appeals for the Ninth Circuit
607 F.2d 868 (1979)
Dabaghian (plaintiff) obtained permanent resident status based on his marriage; evidence showed he was separated from his wife on the day the adjustment was granted, and he filed for divorce two weeks later, remarrying an Iranian citizen the following year. The Attorney General moved to rescind the adjustment based on the separation, without any claim that the original marriage was a sham, and the Immigration Judge and Board of Immigration Appeals upheld the rescission before the district court dismissed Dabaghian's appeal on summary judgment.
Whether a status adjustment can be rescinded on the grounds that the alien was separated from his American spouse at the time the adjustment was granted.