IN JA KIM v. Immigration and Naturalization Service
| Decision Date | 25 November 1968 |
| Docket Number | No. 17009.,17009. |
| Citation | 403 F.2d 636 |
| Parties | IN JA KIM, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Richard W. Lowery, Chicago, Ill., for petitioner.
Thomas A. Foran, U. S. Atty., Chicago, Ill., for respondent.
Before HASTINGS, SWYGERT and CUMMINGS, Circuit Judges.
This case presents the issue of whether a court of appeals has jurisdiction to review the denial by the District Director of the Immigration and Naturalization Service of a stay of a voluntary departure date.
The petitioner is a native and citizen of Korea who was admitted to the United States in 1965 as an exchange visitor under the provisions of the Mutual Educational and Cultural Exchange Program, 22 U.S.C. §§ 2451-2458 (1964). She was authorized to remain in this country until January 21, 1968. She did not depart before or on that date. At a subsequent hearing before a Special Inquiry Officer, after a show cause order had been issued by the Immigration and Naturalization Service, the petitioner was given the privilege of voluntary departure on or before April 22, 1968 in lieu of an order of deportation. Parenthetically, it should be noted that no appeal pursuant to statute was taken from the Special Inquiry Officer's decision. The voluntary departure date was thereafter extended by the District Director of the Service pending the decision of the Department of Health, Education and Welfare on an application filed by the petitioner's employer for a waiver of the two-year foreign residence requirement under the provisions of section 212(e) of the Immigration and Nationality Act, 8 U.S.C. § 1182(e).
After the Exchange Visitor Review Board of the Department of Health, Education and Welfare had refused to recommend a waiver of the two-year foreign residence requirement, the District Director set June 20, 1968 as the new date for the voluntary departure of the petitioner. Upon the petitioner's failure to depart within the specified time, a warrant of deportation was issued. Thereafter, the District Director refused a further extension of the voluntary departure date. The petitioner then filed the present petition for review under section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a).
Upon consideration of the petition for review, the Government's motion to dismiss, and the opposition to the motion, it appears that the petitioner failed to exhaust her administrative remedies. This failure to exhaust the available administrative remedies...
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Yan Wo Cheng v. Rinaldi
...warrants dismissal of an action seeking judicial review of a District Director's determination. In Ja Kim v. Immigration and Naturalization Service, 403 F.2d 636 (7th Cir. 1968). Lack of exhaustion is evident. During the deportation hearing before the Special Inquiry Officer, plaintiffs her......
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Luna-Benalcazar v. IMMIGRATION & NATURALIZATION SERVICE, 18841.
...Velasquez Espinosa v. Immigration and Naturalization Service, 404 F.2d 544, 545 (9th Cir. 1968); In Ja Kim v. Immigration and Naturalization Service, 403 F.2d 636 (7th Cir. 1968); Arias-Alonso v. Immigration and Naturalization Service, 391 F.2d 400 (5th Cir. 1968); Cf. Chul Hi Kim v. Immigr......
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Ajurulloski v. USINS
...818 (7th Cir.1986) cert. denied, 479 U.S. 1006, 107 S.Ct. 644, 93 L.Ed.2d 701 (1986) ("Kashani"); In Ja Kim v. Immigration and Naturalization Service, 403 F.2d 636 (7th Cir.1968) ("Ja Kim"); Roumeliotis v. Immigration and Naturalization Service, 354 F.2d 236 (7th Cir.1966) cert. denied 384 ......
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Lad v. Immigration and Naturalization Service, 76-1080
...or directly challenging deportation orders themselves." Id. at 215, 88 S.Ct. at 1975 (footnote omitted). See also In Ja Kim v. INS, 403 F.2d 636, 638 (7th Cir. 1968). Since the application to the District Director was not a proceeding under § 242(b) nor was it incident to a motion to reopen......