Tevita Talanoa v. Immigration and Naturalization Service

This is a petition, pursuant to Section 106 of the Immigration and Naturalization Act, 8 U.S.C. § 1105a, (hereafter “The Act”), to review a final order denying petitioner’s application for status as a permanent resident.

Two questions are presented:

(1) Is the Immigration and Naturalization Service precluded from applying the provisions of Section 212(a) (14) of the Act, 8 U.S.C. § 1182 (a) (14), (requiring employment certification), because the Service failed to conduct a hearing in May, 1965, when a visa became available to petitioner ?

(2) Are the provisions of P.L. 89-732, enacted November 2, 1966, 80 Stat. 1161 , exempting all applications for permanent residence made by Western Hemisphere natives from the requirement for employment certification, applicable to the petitioner?

FACTS

Petitioner is a native and citizen of Tonga, an island in the South Pacific. He entered the United States at Honolulu, Hawaii, on January 15, 1963, as a student. He was 36 years old at the time. He did not register or attend school. His status was changed to that of a temporary worker after he began working in violation of his student status. This status was temporary only, and he was…