No. 75-1440. June 19, 1978. Jay Zybelman of Zybelman Paluso, San Diego, Cal., for petitioner. Jean Gentry Lujan (argued), Dept. of Justice, Washington, D. C., for respondent. Petition for Review of a Decision of the Board of Immigration Appeals. Before GOODWIN, WALLACE and HUG, Circuit Judges. GOODWIN, Circuit Judge: Moghanian is an Iranian student who came to this country in 1973 to go to school. He attended school, but for reasons not directly relevant here he did not attend the school designated
A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony. N.Y. Penal Law § 140.20