Richards v. Immigration and Naturalization Service, No. 75-1420

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtBefore LEVENTHAL, ROBINSON and ROBB; Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III; SPOTTSWOOD W. ROBINSON, III
Citation554 F.2d 1173,180 U.S.App.D.C. 314
Decision Date18 March 1977
Docket NumberNo. 75-1420
PartiesCompton James RICHARDS, Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE et al.

Page 1173

554 F.2d 1173
180 U.S.App.D.C. 314
Compton James RICHARDS, Appellant,
v.
IMMIGRATION AND NATURALIZATION SERVICE et al.
No. 75-1420.
United States Court of Appeals,
District of Columbia Circuit.
Argued March 4, 1976.
Decided March 18, 1977.

A. Palmer Ifill, Washington, D.C., for appellant.

Richard I. Chaifetz, Atty., Dept. of Justice, Washington, D.C., for appellees.

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.

Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

With exceptions not relevant here, Section 248 of the Immigration and Nationality Act empowers the Attorney General to authorize changes in nonimmigrant classifications of aliens lawfully admitted to, and lawfully continuing in, the United States as nonimmigrants. 1 That function has largely been delegated to the Commissioner of Immigration and Naturalization. 2 In this case, the Immigration and Naturalization Service (INS) denied appellant's application for a change from visitor- to student-status, and the District Court by summary judgment sustained that action. 3 In the circumstances shown, we affirm.

I

Appellant is a native and adult citizen of Guyana. From the American embassy in that country he obtained a visa valid until March 23, 1974, 4 and on January 13 of that year came to the United States as a visitor for pleasure. Just prior to entry, appellant was given an INS Arrival-Departure Record, Form I-94, in which was inserted "Jan. 31, 1974" as the date to which he might stay. 5

Page 1175

Appellant remained in the United States beyond that date, without any effort to obtain an extension of his authorized stay. 6 In March, 1974, he applied for admission to Federal City College and was accepted for a four-year course of study to commence the following September 30. He then applied to INS for a change of his status from visitor to student.

The District Director denied the application. 7 His written decision informed appellant "that you last arrived in the United States as a visitor on January 13, 1974 with an authorized admission period to January 31, 1974"; 8 that "(y)ou failed to submit an application to extend your stay in this country beyond January 31, 1974"; 9 and that "(t)his instant application for change of nonimmigrant classification to a student to attend Federal City College was submitted to this office on March 27, 1974, some two months past your authorized admission period." 10 The decision acknowledged that Section 248 permits "a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status," 11 but explained that "(i)nasmuch as you have failed to submit an application to extend your temporary period of stay in this country you are statutorily ineligible for change of your nonimmigrant status to a student." 12 The decision declared that INS "could not effect a change of classification in your particular case when you would not be enrolling in school until September of 1974," 13 and suggested that "(i)t would be to your advantage to return to Guyana and make application for the proper nonimmigrant visa there and return to the United States in the fall of 1974 to commence your studies." 14

Appellant took an appeal to the Regional Commissioner. In an accompanying letter, appellant stated:

The reason why I did not submit an application for an extension of my visitor's visa was because when I obtained my visa at the U.S. Embassy in Guyana, the date of March 23, 1974 was entered on my visa and upon entering the U.S. I mistakenly thought that this was the date to which I could remain in the United States. I did not realise when I entered

Page 1176

the U.S. that the date of January 31, 1974 written on my form I-94 was the date on which my stay as a visitor was to expire. 15

The Regional Commissioner noted, however, that the visa expired on March 23, 1974, and that the application for change of status was not filed until four days thereafter. 16 On that ground he held the application untimely and affirmed the District Director's decision. 17 Appellant moved for reconsideration but the Regional Commissioner, expressly finding "that failure to apply timely for an extension of stay was not excusable," 18 adhered to his earlier view and denied the motion. 19

Appellant then instituted suit against INS and the District Director in the District Court. His complaint asserted lack of notice that he would become out-of-status on January 31, 1974, and charged that the administrative disposition of his application was arbitrary. INS moved for summary judgment on the administrative record and the court granted the motion. 20 This appeal followed.

II

Section 248 permits a change from one nonimmigrant classification to another only "in the case of (an) alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status," 21 and then only "under such conditions as" the Attorney General "may prescribe." 22 Upon appellant's arrival in the United States, his stay was limited to January 31, 1974, as was so indicated on his Form I-94, 23 and at no time did he seek an enlargement of the period within which he might legally remain. On that basis, the conclusion has consistently been reached administratively that his status as a nonimmigrant alien lawfully in the United States terminated on that date. 24

INS has promulgated a regulation 25 in part providing:

In determining whether an applicant has continued to maintain his nonimmigrant status, the district director shall consider whether the alien has remained in the United States for a longer period than that authorized by (INS), and shall consider any conduct by the applicant relating to his maintenance of the status from which the applicant is seeking a change. An applicant may not be considered as having maintained his nonimmigrant status within the meaning of this section if

Page 1177

he failed to submit his application for change of nonimmigrant classification before his authorized temporary stay in the United States had expired, unless the district director in his discretion is satisfied that the failure to file a timely application was excusable, that the alien has not otherwise violated his nonimmigrant status and is a bona fide nonimmigrant, and the alien is not the subject of...

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391 practice notes
  • Evangelical Lutheran Church in America v. Immigration and Naturalization Service, Civil Action 02-01297 (HHK) (D. D.C. 10/30/2003), Civil Action 02-01297 (HHK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 30, 2003
    ...209 F. Supp.2d 63, 67-68 (D.D.C. 2002); Fund for Animals v. Babbitt, 903 F. Supp. 96, 105 (D.D.C. 1995) (citing Richards v. INS, 554 F.2d 1173, 1177 n. 28 (D.C. Cir. B. The INS's Decision 1. Subject Matter Jurisdiction Plaintiffs primarily seek review of the INS's decision to deny ELCA's re......
  • Maine v. Norton, No. CIV. 00-250-BC.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • April 24, 2003
    ...643 (1985); Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971); Richards v. I.N.S., 554 F.2d 1173, 1177 n. 28 Notwithstanding the foregoing, the Court provides the factual materials, taken from the Statements of Material Facts submitted by the......
  • Anglers Conservation Network v. Pritzker, Civil Action No. 14–509 (GK)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 5, 2015
    ...333 F.3d 156, 160 (D.C.Cir.2003) (citing Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973) ); Richards v. INS, 554 F.2d 1173, 1177 (D.C.Cir.1977) ("Summary judgment is an appropriate procedure for resolving a challenge to a federal agency's administrative decision when ......
  • Fogo De Chao Churrascaria, LLC v. U.S. Dep't of Homeland Sec., Civil Action No. 10–1024(RBW).
    • United States
    • U.S. District Court — District of Columbia
    • August 9, 2013
    ...Found. of Am. v. Springer, 498 F.Supp.2d 203, 207 (D.D.C.2007)), aff'd,408 Fed.Appx. 383 (D.C.Cir.2010); see also Richards v. INS, 554 F.2d 1173, 1177 & n. 28 (D.C.Cir.1977). But due to the limited role a court plays in reviewing the administrative record, the typical summary judgment stand......
  • Request a trial to view additional results
391 cases
  • Evangelical Lutheran Church in America v. Immigration and Naturalization Service, Civil Action 02-01297 (HHK) (D. D.C. 10/30/2003), Civil Action 02-01297 (HHK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 30, 2003
    ...209 F. Supp.2d 63, 67-68 (D.D.C. 2002); Fund for Animals v. Babbitt, 903 F. Supp. 96, 105 (D.D.C. 1995) (citing Richards v. INS, 554 F.2d 1173, 1177 n. 28 (D.C. Cir. B. The INS's Decision 1. Subject Matter Jurisdiction Plaintiffs primarily seek review of the INS's decision to deny ELCA's re......
  • Maine v. Norton, No. CIV. 00-250-BC.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • April 24, 2003
    ...643 (1985); Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971); Richards v. I.N.S., 554 F.2d 1173, 1177 n. 28 Notwithstanding the foregoing, the Court provides the factual materials, taken from the Statements of Material Facts submitted by the......
  • Anglers Conservation Network v. Pritzker, Civil Action No. 14–509 (GK)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • October 5, 2015
    ...333 F.3d 156, 160 (D.C.Cir.2003) (citing Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973) ); Richards v. INS, 554 F.2d 1173, 1177 (D.C.Cir.1977) ("Summary judgment is an appropriate procedure for resolving a challenge to a federal agency's administrative decision when ......
  • Fogo De Chao Churrascaria, LLC v. U.S. Dep't of Homeland Sec., Civil Action No. 10–1024(RBW).
    • United States
    • U.S. District Court — District of Columbia
    • August 9, 2013
    ...Found. of Am. v. Springer, 498 F.Supp.2d 203, 207 (D.D.C.2007)), aff'd,408 Fed.Appx. 383 (D.C.Cir.2010); see also Richards v. INS, 554 F.2d 1173, 1177 & n. 28 (D.C.Cir.1977). But due to the limited role a court plays in reviewing the administrative record, the typical summary judgment stand......
  • Request a trial to view additional results

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