No. 72-2463. June 27, 1974. Rehearing Denied August 15, 1974. William A. Herreras (argued), Ghitterman, Eskin Herreras, Santa Barbara, Cal., for petitioner-appellant. William D. Keller, U.S. Atty., Alan W. Peryam, Asst. U.S. Atty. (argued), Los Angeles, Cal., for respondent-appellee. Before CHAMBERS and SNEED, Circuit Judges, and KING, District Judge. The Honorable Samuel P. King, United District Judge for the District of Hawaii, sitting by designation. OPINION SAMUEL P. KING, District Judge: Petitioner
Pursuant to section 232(b) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fiancee