Tevita Talanoa v. Immigration and Naturalization Service

Petitioner came to the United States in 1968 at age 36 as a student. He did not register for or attend school but instead began to work in violation of his student status. On December 11, 1963, he was directed to leave the United States. Since that date the Immigration and Naturalization Service has been attempting to accomplish that result.

In Talanoa v. Immigration and Naturalization Service (9 Cir., 1968) 397 F.2d 196 , we considered the case in detail. The special inquiry officer had found petitioner ineligible for adjustment of status under § 245 of the Immigration and Nationality Act ( 8 U.S.C. § 1255 ) but gave petitioner the privilege of voluntary departure. Petitioner’s appeal was denied by the Board of Appeals. On petition for review we affirmed the officer and the Board.

Petitioner then asked the Board to reopen and reconsider the previous order affirmed by this court. The Board denied the motion and petitioner again seeks to review the order.

He claims now that he is eligible for adjustment of status under § 245 of the Act ( 8 U.S.C. § 1255 ); and that he does not need a labor certificate under § 212(a) (14) of the Act ( 8 U.S.C. § 1182 (a) (14)) because 8 C.F.R.…