Kwai Chiu Yuen v. Immigration and Naturalization Service

Petitioner appeals from a final order entered by the Board of Immigration Appeals (Board) denying a motion to reopen his deportation case. In this motion he urged that he should be allowed to seek relief under section 249 of the Immigration and Nationality Act (Act), 8 U.S.C. § 1259 (1964), which, under certain circumstances, permits a record to be made of lawful admission for permanent residence.

Petitioner, a Chinese alien, entered the United Statesy in 1922. He was convicted in 1938 for violating California narcotics laws and served a term in state prison. The Governor of California, in 1965, granted a full and unconditional pardon for this offense, based on evidence of petitioner’s rehabilitation.

In the meantime, in 1963, an order to show cause was issued by the Immigration and Naturalization Service charging that petitioner was deportable because of his narcotics conviction. Following a hearing on this order, a special inquiry officer found that he was deportable but eligible for suspension of deportation under section 244(a) (2) of the Act, 8 U.S.C. § 1254 (a) (2) (1964). This statutory-provision requires action by Congress. See section 244(c) (3). However, Congress did…