Singh
Singh v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Atma Singh, a native and citizen of India, petitions for review from the Board of Immigration Appeal (BIA) decision finding that he was properly placed in exclusion proceedings and that he was excludable. Singh contends that he should have been placed in deportation proceedings rather than exclusion proceedings because he had applied for temporary resident status under the Special Agricultural Workers’ Program pursuant to § 210 of the Immigration and Nationality Act, 8 U.S.C. § 1160 , and had been granted an employment and travel authorization card. We reject his arguments and affirm the BIA’s ruling.
I
Petitioner Singh is a 47-year-old male, native and citizen of India, who first entered the United States without inspection in 1985. In 1987, Petitioner applied for temporary resident status under the Special Agricultural Workers’ Program (“SAW”) pursuant to § 210 of the Immigration and Nationality Act, 8 U.S.C. § 1160 . While Petitioner’s SAW application was pending, he was granted an employment and travel authorization card (Form I-688A) pursuant to 8 C.F.R. § 210.4 (b)(2). Petitioner continued to renew his Form I-688A authorization while the appeal of the denial…
Concurring Opinion
Ferguson, J.
concurring.
I concur in the memorandum disposition. I write separately in order that the Immigration and Naturalization Service does not mistake this case as similar to another one which was before this panel.
In Morales-Mancebo v. Immigration and Naturalization Service, No. 00-70788, INS No. A92-874-509, we issued an order deferring submission of that case for 90 days to allow the parties to mediate and attempt to settle.
Both cases involve temporary resident status under the Special Agricultural *673 Worker’s program. In this case, the petitioner’s travel authorization was terminated before he departed the United States.
In Morales-Mancebo, the petitioner traveled to Mexico to donate blood to his son who was ill. When he left the United States for two or three days, his travel authorization was still valid. It was terminated after he left and before he returned.