Lau, Wun Man v. Immigration & Naturalization Service
Opinion of the Court
OPINION OF THE COURT
The petitioner, a citizen of the Republic of China, seeks review of an order of the Board of Immigration Appeals of the Department of Justice. That order dismissed his appeal from the denial by a special inquiry officer of the Immigration and Naturalization Service of his motion to open his deportation proceedings and permit him to depart the United States voluntarily.
It appears that the petitioner entered the United States as a crewman on or about March 23, 1967 and failed to leave with his ship. Deportation proceedings
The order must be affirmed. While the Immigration and Naturalization Service has at times given a deport-able alien a second opportunity to depart voluntarily, the grant of this privilege is highly discretionary and is ordinarily appropriate only when satisfactory reasons are given for the failure to depart in accordance with the terms of the initial grant of the privilege. Here the petitioner gave no reason at all for his failure to depart by April 15, 1969, the date by which he had undertaken to depart and when his privilege of voluntary departure expired. He merely represented that at the time his motion to reopen was made he was working as a cook in a restaurant and that he and the restaurant had applied for alien employment certification which, when issued, would enable him to apply to the American Consul in Curacao, N.A., for an immigrant visa, all of which would require an additional 90 days to accomplish.
In this court the petitioner urges that the Immigration and Naturalization Service has had an established practice, upon which he relied, of granting the privilege of voluntary departure a second time, and is, therefore, es-topped from denying him the privilege a second time. There is no merit whatever in this contention. In the first place, the petitioner has not shown the existence of such a practice. On the contrary the Board of Immigration Appeals, as far back as 1952, said:
“An alien who once was granted voluntary departure and who is found here illegally, does not merit a second chance for such departure in the absence of very strong extenuating circumstances.” Matter of M., 4 I. & N. Dec. 626 (1952).
In the second place, assuming arguendo that an estoppel could legally arise against the Government under such circumstances,
The order of the Board of Immigration Appeals will be affirmed.
. But compare United States v. San Francisco, 1940, 310 U.S. 16, 32, 60 S.Ct. 749, 84 L.Ed. 1050; F. C. C. v. WOKO, Inc., 1946, 329 U.S. 223, 67 S.Ct. 213, 91 L.Ed. 204; Maxwell Company v. N. L. R. B. 6 Cir. 1969, 414 F.2d 477, 479.
Reference
- Full Case Name
- LAU, WUN MAN (A15 212 606) v. IMMIGRATION AND NATURALIZATION SERVICE
- Cited By
- 3 cases
- Status
- Published