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Keywords

jurisdictionattorneyappealregulationvisadeportationnaturalization
jurisdictionattorneyappealregulationvisadeportationnaturalization

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Ghaelian v. Immigration and Naturalization Service

Facts

Ghaelian was a twenty-nine year old student at the University of Kentucky when the U.S. Embassy was occupied in Iran. His visa, issued in January 1977, expired on August 31, 1979. Following the embassy attack, the Attorney General required all non-immigrant Iranian students to report to the Immigration and Naturalization Service (INS). Ghaelian was notified by the INS that he was in the U.S. beyond the terms of his visa and was ordered to show cause for why he should not be deported. He admitted the facts but sought to avoid deportation by requesting a remand to the District Director of the INS and challenging the constitutionality of Regulation 214.5.

Ghaelian was a twenty-nine year old student at the University of Kentucky when the U.S. Embassy was occupied in Iran. His visa, issued in January 1977, expired on August 31, 1979. Following the embassy attack, the Attorney General required all non-immigrant Iranian students to report to the Immigration and Naturalization Service (INS). Ghaelian was notified by the INS that he was in the U.S. beyond the terms of his visa and was ordered to show cause for why he should not be deported. He admitted the facts but sought to avoid deportation by requesting a remand to the District Director of the INS and challenging the constitutionality of Regulation 214.5.

Issue

Whether the court had jurisdiction to review the deportation order and the constitutionality of Regulation 214.5.

Whether the court had jurisdiction to review the deportation order and the constitutionality of Regulation 214.5.

Rule

The court has jurisdiction to review 'all final orders of deportation' under 8 U.S.C. 1105a(a), but this does not extend to collateral matters such as the constitutionality of regulations or the exercise of discretion by the INS District Director.

The court has jurisdiction to review 'all final orders of deportation' under 8 U.S.C. 1105a(a), but this does not extend to collateral matters such as the constitutionality of regulations or the exercise of discretion by the INS District Director.

Analysis

The court determined that Ghaelian's deportation was solely based on his overstay of the visa, which was independent of the issues he raised regarding Regulation 214.5. The court noted that the validity of the deportation order did not depend on the constitutionality of the regulation or the discretionary decisions of the INS, thus lacking jurisdiction to consider those challenges.

The court determined that Ghaelian's deportation was solely based on his overstay of the visa, which was independent of the issues he raised regarding Regulation 214.5. The court noted that the validity of the deportation order did not depend on the constitutionality of the regulation or the discretionary decisions of the INS, thus lacking jurisdiction to consider those challenges.

Conclusion

The court dismissed the appeal regarding Regulation 214.5 and the INS District Director's discretion for lack of jurisdiction and affirmed the deportation order.

The court dismissed the appeal regarding Regulation 214.5 and the INS District Director's discretion for lack of jurisdiction and affirmed the deportation order.

Who won?

Immigration and Naturalization Service prevailed because the court found it lacked jurisdiction to review the challenges raised by Ghaelian.

Immigration and Naturalization Service prevailed because the court found it lacked jurisdiction to review the challenges raised by Ghaelian.

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