Siang Ken Wang v. Immigration and Naturalization Service

Siang Ken Wang petitions this court for review of a deportation order of the Immigration and Naturalization Service. He says the Board of Immigration Appeals abused its discretion by denying him suspension of deportation in part because he entered this country as a crewman. We agree.

Petitioner was first found deportable in 1955. He did not appeal the holding that he had remained in this country more than the 29 days allowed him as a member of the crew of a foreign ship. 8 U.S.C. § 1282 (a). He has been in this country continuously since 1954. The first order to report for deportation is dated 1965. Upon receiving this order, petitioner disappeared.

In 1967, petitioner successfully obtain-. ed a reopening of his deportation case. The special inquiry officer of the service found petitioner eligible for suspension of deportation. In the exercise of discretion, the special inquiry officer recommended that suspension. The Board of Immigration Appeals reversed, holding that discretionary suspension should not be granted, even though petitioner was eligible for it under 8 U.S.C. § 1254 (a) (1). The board said:

Since the service admits that petitioner is eligible for suspension of…