Shohreh Ghajar v. Immigration and Naturalization Service

Shohreh Ghajar, a native and citizen of Iran, petitions for review of an adverse decision of the Board of Immigration Appeals, which sustained an immigration judge’s determination that Ghajar was de-portable as a nonimmigrant student who had remained in the country beyond the time authorized. We affirm.

Ghajar argues that she is not deportable because she is in “substantial compliance” with her student status by virtue of the fact that she is enrolled in school. She also argues that she was denied due process when the immigration judge refused to grant a continuance of her deportation hearing to allow her to prepare her case. Finally, Ghajar argues that the INS is es-topped from deporting her because it was aware of her unlawful status for fifteen months before proceeding against her, and that the INS has unlawfully discriminated against Iranian nationals.

Ghajar cites Mashi v. Immigration and Naturalization Service, 585 F.2d 1309 (5th Cir. 1978), for the proposition that “technical violations” of nonimmigrant student status will not support a finding of deportability if the student is substantially in compliance. Ghajar argues that because she has continued to be enrolled as a…