Peter Holz v. Immigration and Naturalization Service

This is a petition for judicial review of the Immigration and Naturalization Service’s (hereinafter referred to as “respondent”) denial of an application for stay of deportation made by Peter Holz (hereinafter referred to as “petitioner”) under Section 243(h) of the Immigration and Nationality Act of 1952 (hereinafter referred to as the “Act”), 8 U.S.C. § 1253 (h). The petition had originally been filed in the district court, and it was transferred to this court by an order of the district court pursuant to § 5(b) of Public Law 87-301 ( 75 Stat. 651 , 8 U.S.C.A. § 1105a(a)).

There is no issue relating to the finality of respondent’s order of deportation, nor is there an issue relating to the validity of the order. Holz v. Del Guercio, 9 Cir., 1958, 259 F.2d 84 . Nor is this a habeas corpus proceeding.

Thus, the issue here presented is whether respondent abused its discretion in denying petitioner’s application for stay of deportation under § 243(h) of the Act. Does this court have jurisdiction to hear petitioner?

This court has held that it has jurisdiction to determine if the Attorney General has given an alien procedural due process if the Attorney General purports to act…