Ahmad Waziri v. United States Immigration and Naturalization Service

On April 8, 1964, in rescission proceedings under section 246 of the Immigration and Nationality Act, 8 U.S.C. § 1256 , a special inquiry officer ordered that petitioner Ahmad Waziri’s permanent resident status be rescinded. An appeal from this order to the Board of Immi gration Appeals was dismissed on July 24, 1964. Later, however, the Board of Immigration Appeals ordered the rescission proceeding reopened for the introduction of additional evidence on behalf of Waziri. On June 3, 1965, after the new hearing, the special inquiry officer ordered that no change be made in his decision of April 8, 1964. The Board of Immigration Appeals dismissed an appeal taken to it on December 13, 1965.

On the basis of the order rescinding Waziri’s permanent resident status, the Immigration and Naturalization Service instituted deportation proceedings pursuant to section 242(b) of the Immigration and Nationality Act, 8 U.S.C. § 1252 (b). Following a hearing, the special inquiry officer entered an order finding Waziri deportable under section 241(a) (2) of the Act, 8 U.S.C. § 1251 (a) (2) (1964), but granting the privilege of voluntary departure. This order became administratively final upon…