Harvinder Singh Purba Manjit Kaur Purba v. Immigration & Naturalization Service

Harvinder Singh and Manjit Kaur Purba petition us to review the decision of the Board of Immigration Appeals (“BIA”) finding them deportable from the United States. The Purbas present a question of first impression in this circuit about the manner in which a deportation hearing must be conducted. Rather than having the proceedings conducted physically before the immigration judge (“IJ”), the hearing was conducted over the telephone. The Purbas contend that this telephonic hearing violated section 242(b) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1252 (b) (1982), which requires a proceeding before an immigration judge to determine deportability. Because we agree with the Purbas that “before” in section 242(b) means in the physical presence of the IJ, we reverse the BIA and remand for rehearing.

I.

The Purbas, a married couple, are natives of Kenya and citizens of the United Kingdom who were found to be deportable at a telephonic deportation hearing on October 29, 1984. The IJ presided in the immigration courtroom in the federal building in San Diego, California, while the Pur-bas and their attorney were present in the INS office in Honolulu, Hawaii. The IJ…