Hiroshi Oki and Chizuko Oki v. Immigration & Naturalization Service

Petitioners, husband and wife, were ordered deported because after they were admitted to the United States as nonimmigrants pursuant to 8 U.S.C. § 1101 (a)(15), there was a failure to comply with the conditions required by the status pursuant to which they were admitted. They raise five questions on appeal, three of which merit discussion: (1) Is the government es-topped from ordering petitioners’ deportation? (2) Were the petitioners denied due process of law at their deportation hearing? and (3) Should the order of deportation be stayed so that petitioners may apply for an adjustment of status? We affirm the deportation orders.

Petitioners, citizens of Japan, entered the United States in 1974, the husband as an exchange student and the wife as the spouse of an exchange student. Whether she may remain in the United States is thus dependent upon the status of her husband.

While attending college, Mr. Oki secured summer employment with Togiak Fisheries, acts not challenged by the Immigration and Naturalization Service (INS). After the summer 1976 employment, he was offered a permanent employment by Togiak. Mr. Oki and a representative of Togiak contacted the INS for permission…