Tomoko Tokugawa v. George K. Rosenberg, District Director, Immigration and Naturalization Service

Appellant Tomoko Tokugawa is a citizen and national of Japan presently residing at Los Angeles, California. She is the mother of two children who are citizens of the United States, namely, Toyokazu Tokugawa, born on January 17, 1961 in New York City, and Megumi Tokugawa, born on March 11, 1962 in Los Angeles. Appellant’s husband divorced her in Japan on October 27, 1967. Appellant last entered the United States on November 5, 1967, pursuant to a visa as a nonimmigrant visitor for pleasure for a temporary period, issued by the American Embassy in Tokyo, Japan. At the time of this entry she was accompanied by her two children. In direct violation of her nonimmigrant status, she accepted employment that same month in the United States.

On November 8, 1968, appellant was accorded a deportation hearing, at which time a Special Inquiry Officer found her deportable for having remained longer than permitted. She was then accorded the privilege of remaining in the United States in a voluntary departure status pending disposition of successive private bills introduced in the Congress to grant her permanent residence in the United States. None of these bills were passed and Congress took…