Toon-Ming Wong v. Immigration and Naturalization Service

Petitioner seeks review of an order of the Board of Immigration Appeals denying his motion to reopen deportation proceedings and permit him to apply for suspension of deportation under the provisions of section 244(a) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a) (Supp.1965).

The petition for review was filed within six months of the entry of the order denying the motion to reopen, and was therefore timely. Bregman v. I&NS, 351 F.2d 401, 402-403 (9th Cir. 1965); Lopez v. I&NS, 356 F.2d 986 (3d Cir. 1966); Chul Hi Kim v. I&NS, 357 F.2d 904 (7th Cir. 1966). Since petitioner is not challenging the original deportation order but the subsequent denial of collateral relief, petitioner’s failure to take an administrative appeal from the deportation order does not bar this petition for review under section 106(c) of the Act, 8 U.S.C. § 1105a(e) (Supp. 1965).

Affidavits filed in support of the motion to reopen asserted the following facts. Petitioner was born in China. He was orphaned while young, and was taken under the care of Mrs. Ben Wong when about nine years old. Mrs. Wong came to the United States to join her husband, a United States citizen, in 1955. In June, 1957,…