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CHEN v. IMMIGRATION AND NATURALIZATION SERVICE

No. 19509.

418 F.2d 209 (1969)

Shirley Shueh-Lan CHEN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Eighth Circuit.

November 5, 1969.

Attorney(s) appearing for the Case

Jan D. Stuurmans, Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, Minn., for petitioner; briefs and motion in opposition to motion to dismiss was filed by Bernard P. Becker, Smith & Munro, Legal Aid Society of Minneapolis, Inc., Minneapolis, Minn.

Paul C. Summitt, Atty., Dept. of Justice, Criminal Division, Administrative Regulations Section, Washington, D. C., for respondent; Will Wilson, Asst. Atty. Gen., Jerome M. Feit, Atty., Dept. of Justice, Washington, D. C., and Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., on the brief. Motion to dismiss was filed by Daniel Bartlett, Jr., U. S. Atty.

Before VAN OOSTERHOUT, Chief Judge and LAY and HEANEY, Circuit Judges.

PER CURIAM.

The issue presented by the Government's motion to dismiss this appeal is whether 8 U.S.C.A. § 1105a(c) divests this court of jurisdiction to review a deportation order, administratively final, in a situation where the petitioner has voluntarily departed from this country subsequent to the filing of a timely petition for review.

The petitioner, Miss Chen, a citizen of Taiwan, Republic of China, was admitted to the United States on September...

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