Hun Chak Sun, Also Known as Jack Sun v. Immigration and Naturalization Service

The petitioner vigorously challenges a final administrative order of the respondent, denying his application for adjustment of status to that of a lawful permanent resident of the United States. Section 245 of the Immigration and Nationality Act (“the Act”) ( 8 U.S.C. § 1255 ).

The petitioner, a citizen of the Republic of China, entered this Country on August 18, 1956. His wife and two children remained in Taiwan. His original entry had been gained by reason of his status as a non-immigrant employee of his own government. When that status terminated, he was directed to return to his Country and was granted time, until April 7, 1963, within which to do so. He failed to depart, whereupon there issued an Order to Show Cause in deportation proceedings. The alien conceded deport-ability at the hearing and applied for status as a permanent resident under section 245. The Special Inquiry Officer denied the application, the Board of Immigration Appeals (“the Board”) af firmed the denial on April 24, 1964, and a deportation warrant was issued on the following June 6th. Three days later, the petitioner moved the Board to reopen the proceedings so that he might apply for relief under…