Skiftos v. Immigration and Naturalization Service
| Decision Date | 26 May 1964 |
| Docket Number | No. 14442.,14442. |
| Citation | 332 F.2d 203 |
| Parties | Efthemios A. SKIFTOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Conrad G. Verges, Chicago, Ill., for petitioner.
Edward V. Hanrahan, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for respondent, John Powers Crowley, Asst. U. S. Atty., of counsel.
Before DUFFY, CASTLE, and SWYGERT, Circuit Judges.
Efthemios A. Skiftos petitions for a review of a denial of an application for a first preference immigrant visa pursuant to section 203(a) (1) (A) of the Immigration and Nationality Act, 8 U.S. C. § 1153(a) (1) (A).
On October 11, 1961, following a hearing, a special inquiry officer of the Immigration and Naturalization Service determined that petitioner was deportable and granted him leave to depart from the United States voluntarily in lieu of an immediate order of deportation. Petitioner did not take an appeal to the Board of Immigration Appeals nor did he seek judicial review; rather, a petition was filed by the St. Francis Hospital, Evanston, Illinois, in his behalf under section 204 of the act, 8 U.S.C. § 1154, for an immigrant visa pursuant to section 203(a) (1) (A). The petition was returned and the hospital informed by the Service that the petition must be accompanied by a clearance order from the United States Employment Service. It appears that the clearance order was unobtainable. Thereafter, petitioner was ordered to depart from the United States on December 20, 1963. The instant petition for review followed.
Respondent questions the jurisdiction of this court to review the failure of the Immigration and Naturalization Service to grant petitioner the requested visa. It is contended that the action of the Service in requiring a clearance order from the United States Employment Service to accompany the petition for a first preference visa and its failure to issue the visa are not reviewable under section 106 of the act, 8 U.S.C. § 1105a. The identical question was before us in Roumeliotis v. Immigration & Naturalization Service, 304 F.2d 453 (7th Cir. 1962). In that case we held that this court had ancillary jurisdiction. We find nothing in Foti v. Immigration & Naturalization Service, 375 U.S. 217, 84 S. Ct. 306, 11 L.Ed.2d 281 (1963), which requires us to modify our holding in Roumeliotis.
Considering the merits of the petition, it is contended by petitioner that the Service...
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...Immigration Law and Procedure § 2.54 (1967). See also id., at § 2.27h. 6 Compare the following: Skiftos v. Immigration & Naturalization Service, 332 F.2d 203 (C.A.7th Cir.); Talavera v. Pederson, 334 F.2d 52 (C.A.6th Cir.); Samala v. Immigration & Naturalization Service, 336 F.2d 7 (C.A.5th......
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...Sec. 63.6(j) (which sets forth procedure). 6 But see Talavera v. Pederson, 6 Cir. 1964, 334 F.2d 52; Skiftos v. Immigration and Naturalization Service, 7 Cir. 1964, 332 F.2d 203; Giova v. Rosenberg, 9 Cir. 1962, 308 F.2d 347, Rev'd. 85 S. Ct. 156 ...
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Yamada v. Immigration and Naturalization Service
...242(b) proceeding, and the petition is filed and denied after the order of deportation has become final. Skiftos v. Immigration & Naturalization Service, 332 F.2d 203 (7th Cir. 1964); Roumeliotis v. Immigration & Naturalization Service, 304 F.2d 453 (7th Cir. 1962). Cf. Melone v. Immigratio......
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Hom Sin v. Esperdy
...States Court of Appeals for the Seventh Circuit has viewed the jurisdictional question differently. In Skiftos v. Immigration & Naturalization Serv., 332 F.2d 203 (7th Cir. 1964) and Roumeliotis v. Immigration & Naturalization Serv., 304 F.2d 453 (7th Cir. 1962), that court held that the de......