Hamid Shoaee v. Immigration and Naturalization Service

This is a petition for review of a final order of deportation issued by the Board of Immigration Appeals. The Board upheld the denial of petitioner’s application for an extension of his stay in the United States and of his request for asylum in this country. The Board also rejected various constitutional arguments concerning the treatment of Iranian students by the Immigration and Naturalization Service. We affirm.

I.

FACTS

Hamid Shoaee is an Iranian citizen. He received a nonimmigrant visa for the period from September 22, 1973 to December 7, 1976, to study for his Ph.D. in aeronautics at Stanford University. Shoaee failed to renew his visa following its expiration, although he continued his studies at Stanford.

After the Iranian seizure of the United States Embassy in Teheran, the Attorney General promulgated 8 C.F.R. § 214.5 , requiring every Iranian student in the United States to report to the INS. Shoaee complied with the reporting requirements, informing the INS that he was present in this country, and seeking an extension of his student visa to stay until September, 1980 to finish his thesis. The District Director of the INS denied this request on December 28,…