Nezam Tooloee v. Immigration & Naturalization Service

An immigration law judge found that Nezam Tooloee, an Iranian student, was deportable as an overstay. The Board of Immigration Appeals (BIA) affirmed, and Tooloee appeals to this court. Tooloee became an overstay because a District Director refused to grant him an extension of stay. Both the immigration judge and the BIA refused to re-examine the District Director’s decision denying Tooloee an extension.

We affirm their refusal to- review the District Director’s action and hold that at this stage of the proceedings this court is likewise foreclosed from reviewing the District Director’s decision. Tooloee must first litigate his claims before the district court.

I

Nezam Tooloee, an Iranian citizen, entered the United States on September 18, 1978 as a nonimmigrant student and enrolled in Stanford University. Tooloee was authorized to stay in the United States until September 17, 1979. On November 28, 1979, over two months after his nonimmi-grant student authorization expired, Too-loee applied for an extension of stay. The District Director denied his application for an extension because it was untimely.

In April 1980, the Immigration and Naturalization Service (INS) initiated…