Maria Ruiz-Mancilla, AKA Maria De Torres v. Immigration and Naturalization Service

Petitioner, a native of Mexico, was ordered deported on April 10,1975, and given until June 12, 1975, to voluntarily depart. This order of deportation was not appealed to the Board of Immigration Appeals, or this court.

On June 9, 1975, petitioner filed a motion to reopen the deportation proceeding so she could apply for suspension of deportation. This was followed by a petition requesting a stay until her husband’s preference petition could be acted upon. On June 24,1975, both of these motions were denied by an Immigration Judge.

On June 25, 1975, petitioner’s counsel telephoned the Board of Immigration Appeals to request a stay of deportation. Although it was not clear to the Board whether this was intended as an appeal, the Board considered it as such on certification under 8 C.F.R. § 3.1 (e). The Board denied the requested stay.

This appeal raises the jurisdictional question whether a petitioner can have a direct appeal to the Court of Appeals from an order denying a stay of deportation.

Congress provided for direct appeal to the Court of Appeals in certain circumstances in section 106(a) of the Immigration and Nationality Act (8 U.S.C. § 1105a). That statute provides for…