653 F.2d 113 (4th Cir. 1981), 80-1779, Malek-Marzban v. Immigration and Naturalization Service

Docket Nº:80-1779.
Citation:653 F.2d 113
Party Name:Malek Abdullah MALEK-MARZBAN and Badry Malek-Marzban, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:June 29, 1981
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

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653 F.2d 113 (4th Cir. 1981)

Malek Abdullah MALEK-MARZBAN and Badry Malek-Marzban, Petitioners,



No. 80-1779.

United States Court of Appeals, Fourth Circuit

June 29, 1981

Argued May 5, 1981.

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Edward J. Birrane, Jr., Baltimore, Md., for petitioners.

Margaret J. Perry, Dept. of Justice, Washington, D. C. (James P. Morris, Dept. of Justice, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Senior Circuit Judge, MURNAGHAN, Circuit Judge, and RAMSEY [*], District Judge.

HAYNSWORTH, Senior Circuit Judge:

The petitioners, husband and wife, are Iranian nationals who are subject to a valid deportation order. The time during which they could be permitted voluntarily to depart the United States was affected by the April 25, 1980 amendment of 8 C.F.R. § 244.1, one of several amendments promulgated by the INS in response to the taking of American hostages in Iran. The petitioners contend that § 244.1 is procedurally defective under the Administrative Procedure Act and unconstitutional under the equal protection clause of the Fifth Amendment. We find these contentions meritless, and we affirm the INS order and dismiss the petition.


On January 20, 1979 the petitioners entered the United States as nonimmigrant visitors for pleasure. Before their visas expired on July 12, 1979 they obtained an extension until January 12, 1980.

On November 4, 1979, Iranian militants occupied the United States Embassy in Tehran and took hostages. President Carter promptly made several responses, which included

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discontinuing oil purchases from Iran, declaring a national emergency, freezing all Iranian assets subject to the jurisdiction of the United States, delegating to the Attorney General and Secretary of State his authority to govern the entry of aliens into the United States, and ordering the Iranian embassy and consulate to return most of its diplomatic staff to Iran.

The Attorney General promulgated several regulations modifying the INS policy toward Iranian nationals who were in this country. On November 13, 1979, he promulgated 8 C.F.R. § 214.5, which requires all Iranian post-secondary school students to report to a local INS officer or campus representative and provide information about their residences and the maintenance of their nonimmigrant status. This...

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