Lucy Ko Yao v. Immigration and Naturalization Service

Lucy Ko Yao, a native of the Philippines and citizen of the Republic of China, entered the United States as a nonimmigrant visitor in June 1985 authorized to stay for six months. On September 27, 1988 she applied for adjustment of status as a special agricultural worker (“SAW”) pursuant to 8 U.S.C. § 1160 . The next day the INS apprehended her and charged her with deportability for overstaying her visa, 8 U.S.C. § 1251 (a)(2) (1988), and failing to comply with its conditions by accepting employment, 8 U.S.C. § 1251 (a)(9) (1988). At her deportation hearing, Yao denied the deportation charges, moved to terminate the deportation proceedings based on her pending application for legalization, and requested that the charges be reinstated only in the event of denial of her application. The immigration judge (“U”) denied Yao’s motion to terminate the proceedings, and, finding her deportable, entered an order of deportation. On appeal, the Board of Immigration Appeals (“BIA” or “Board”) concluded that clear and convincing evidence supported the charge of deportability and.that the immigration judge was not obliged to terminate the deportation proceedings or to hold them in abeyance. Yao…