Behzad Kasravi v. Immigration and Naturalization Service

This is an appeal from a decision of the Immigration and Naturalization Board of Appeals. Jurisdiction is based upon Section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a).

Behzad Kasravi is a citizen of Iran. He entered this country on a student visa in 1954 and has remained in the United States continually with the exception of a one day excursion to Tijuana, Mexico. He ceased being a student in 1959 and has been employed at various jobs since that time. He has been in this country unlawfully since 1961, and his deportability is conceded.

At the deportation proceedings held before a special inquiry officer, Kasravi made a number of requests for discretionary relief. Those relevant here were for suspension of deportation as authorized by § 244(a) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a) and withholding of deportation as authorized by § 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253 (h).

The special inquiry officer denied the application for suspension of deportation on the ground that Kasravi was “not statutorily eligible for that relief since he has failed to establish that he would suffer extreme hardship if required to…