Dr. Luke Wei-Ming Chang and Dr. Amparo Belen Chang v. United States Immigration and Naturalization Service

U.S. Court of Appeals for the Ninth Circuit
Dr. Luke Wei-Ming Chang and Dr. Amparo Belen Chang v. United States Immigration and Naturalization Service, 418 F.2d 1334 (9th Cir. 1969)
1969 U.S. App. LEXIS 9824
Merrill, Wright, Kil-Kenny

Dr. Luke Wei-Ming Chang and Dr. Amparo Belen Chang v. United States Immigration and Naturalization Service

Opinion

PER CURIAM.

Petitioners, husband and wife, are aliens who ask for review of a deportation order of the Immigration and Naturalization Service. Such orders are reviewable by this court under 8 U.S.C. § 1105a.

Petitioners were admitted as nonimmigrant exchange visitors to pursue medical studies, which have now been completed. Both are licensed to practice medicine in California.

Under 8 U.S.C. § 1182(e), aliens such as these petitioners are not eligible for immigrant visas or for permanent residency in the United States, unless they have returned for a two-year stay in their home countries. Petitioner husband requested a waiver of this requirement, asserting exceptional hardship on his wife and two children.

The application for waiver was denied by the Immigration and Naturalization Service. The Immigration and Naturalization Service thereupon commenced deportation proceedings against both petitioners. Assuming without deciding that petitioners may question in a deportation proceeding the denial of a waiver in a separate proceeding, we find that the waiver was properly denied. Petitioners made out no case of “exceptional hardship” sufficient to overcome the strong congressional policy underlying the residency requirement. Mendez v. Major, 340 F.2d 128 (8th Cir. 1965); Talavera v. Pederson, 334 F.2d 52 (6th Cir. 1964).

The petition for review is dismissed.

Reference

Full Case Name
Dr. Luke WEI-MING CHANG and Dr. Amparo Helen Chang, Petitioners, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent
Cited By
2 cases
Status
Published