Isao Yamada, Mitsu Yamada, Katsumi Yamada and Three Star Products, Ltd. v. Immigration and Naturalization Service

Following a proceeding under section 242(b) of the Immigration and Nationality Act, 8 U.S.C. § 1252 (b), a special inquiry officer entered an order finding Isao Yamada deportable under section 241(a) (2) of the Act, 8 U.S.C. § 1251 (a) (2), but allowing voluntary departure. This order became administratively final upon dismissal of an appeal to the Board of Immigration Appeals on January 18, 1965.

On March 26, 1965, Three Star Products, Ltd., filed a petition to classify Isao Yamada as a first-preference quota immigrant under section 203(a) (1) (A) of the Act, 8 U.S.C. § 1153 (a) (1) (A). The petition was denied by the district director. This order became final upon dismissal of an appeal to the regional commissioner on March 21, 1966.

On June 3, 1966, petitioners sought review of both orders under section 106(a) of the Act, 8 U.S.C. § 1105a(a), which provides for direct review in the Court of Appeals “of all final orders of deportation heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 242(b) of this Act * *

Since the deportation order became final more than six months before the filing of the petition for…