Ram Chudshevid, and Dongtip Chudshevid v. Immigration & Naturalization Service

Ram and Dongtip Chudshevid seek review of a deportation order and the Board of Immigration Appeals’ denial of their motion to reconsider. We lack jurisdiction to review the deportation order, and we affirm the denial of the motion to reconsider.

BACKGROUND

The Chudshevids, who are natives and citizens of Thailand, entered the United States on March 18, 1972 as a nonimmigrant student and spouse. They were authorized to remain in this country until September 18, 1972. In June 1974 Mrs. Chudshevid applied for adjustment of status to permanent resident pursuant to section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 , and requested that she be considered exempt from the Act’s labor certification requirement, 8 U.S.C. § 1182 (a)(14), by virtue of her investment in a commercial enterprise, under 8 C.F.R. § 212.8 (b)(4). Mr. Chudshevid claimed exemption as the spouse of an alien investor under 8 C.F.R. § 212.8 (b)(2). The application for adjustment of status was denied in February 1976.

Following the issuance of a show cause order which charged that the Chudshevids were deportable because they had remained in the United States longer than permitted, a deportation…