Soo Yuen v. United States Immigration and Naturalization Serv., 71-2137.
| Decision Date | 10 March 1972 |
| Docket Number | No. 71-2137.,71-2137. |
| Citation | 456 F.2d 1107 |
| Parties | SOO YUEN, Petitioner-Appellant, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Earl R. Steen (argued), Los Angeles, Cal., for petitioner-appellant.
Matthew Schumacher, Asst. U. S. Atty. (argued), Sidney I. Lezak, U. S. Atty., George W. Masterton, Richard B. Cagney, Jr., Asst. U. S. Attys., Portland, Or., Joseph Surreck, Reg. Counsel, I.N.S. San Pedro, Cal., Stephen Suffin, Atty., U. S. I.N.S., San Francisco, Cal., Will Wilson, Asst. Atty. Gen., Crim. Div., Washington, D. C., William L. Pattillo, Dist. Dir., Washington, D. C., for respondent-appellee.
Before CHAMBERS and WRIGHT, Circuit Judges, and BYRNE, District Judge.*
Soo Yuen petitions for review of an order of the Board of Immigration Appeals that he be deported. We affirm.
Soo is a 42-year old native and citizen of China. His wife was admitted to the United States for medical treatment, remained longer than permitted, and has been ordered deported. His four children live in Hong Kong, where they are students. Other than his wife, Soo has no family ties in the United States.
After jumping ship at a Canadian port, Soo entered the United States at Detroit, Michigan, in January 1963, as a passenger in an automobile. He represented himself to be a native Canadian of Japanese ancestry. His papers consisted of a false birth certificate in the name of Mineo Nakano.
Soo was arrested and, in July 1963, ordered deported. At the deportation proceedings he admitted that he had obtained entry into the country by false and misleading representations. He was extremely evasive about the amount of money it cost to have others bring him to the United States, but the circumstances, particularly the circuitous route taken after he arrived in the country, indicate that considerable funds were expended to effect his unlawful entry and settlement here.
No appeal was taken from the deportation order, and it became final.
Soo was not immediately deported, apparently because he was wanted as a witness by the Immigration and Naturalization Service and then because of a moratorium on deportations to the Far East. Soo moved to Oregon where he entered the restaurant business.
On August 1, 1967, Soo was finally notified that arrangements had been made for his deportation. Soo did not comply; rather he moved to California. A long series of delays and continuances, attributable to Soo, his counsel, and government indulgence, ensued. Finally, in April 1970, the special inquiry officer denied Soo's request for adjustment of status and suspension of deportation. In May 1971, the Board affirmed.
Adjustment of status under 8 U.S.C. § 1255 is within the discretion of the Attorney General. His decision will be overturned only when discretion is abused. Thomaidis v. I & NS, 431 F.2d 711 (9th Cir. 1970), cert. denied 401 U.S. 954, 91 S.Ct. 973, 28 L.Ed.2d 237 (1971). But Soo cannot show abuse of discretion. His lack of family ties in the United States is alone ground for denial of adjustment of status. Santos v. I & NS, 375 F.2d 262 (9th Cir. 1967).
Moreover, the special inquiry officer found:
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