CHENG FAN KWOK v. IMMIGRATION SERV.

No. 638.

392 U.S. 206 (1968)

CHENG FAN KWOK v. IMMIGRATION AND NATURALIZATION SERVICE.

Supreme Court of United States.

Decided June 10, 1968.


Attorney(s) appearing for the Case

Jules E. Coven argued the cause for petitioner. With him on the brief was Abraham Lebenkoff.

Charles Gordon argued the cause for respondent. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Vinson, and Francis X. Beytagh, Jr.

William H. Dempsey, Jr., by invitation of the Court, 390 U.S. 918, argued the cause and filed a brief, as amicus curiae, urging affirmance.


MR. JUSTICE HARLAN delivered the opinion of the Court.

The narrow question presented by this case is whether jurisdiction to review the denial of a stay of deportation, if the pertinent order has not been entered in the course of a proceeding conducted under § 242 (b) of the Immigration and Nationality Act, 66 Stat. 209, 8 U. S. C. § 1252 (b), is, under § 106 (a) of the Act, 75 Stat. 651, 8 U. S. C. § 1105a (a), vested exclusively in the courts...

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