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MALEK-MARZBAN v. I.N.S.

No. 80-1779.

653 F.2d 113 (1981)

Malek Abdullah MALEK-MARZBAN and Badry Malek-Marzban, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 29, 1981.

Attorney(s) appearing for the Case

Edward J. Birrane, Jr., Baltimore, Md., for petitioners.

Margaret J. Perry, Dept. of Justice, Washington, D. C. (James P. Morris, Dept. of Justice, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Senior Circuit Judge, MURNAGHAN, Circuit Judge, and RAMSEY, District Judge.

HAYNSWORTH, Senior Circuit Judge:

The petitioners, husband and wife, are Iranian nationals who are subject to a valid deportation order. The time during which they could be permitted voluntarily to depart the United States was affected by the April 25, 1980 amendment of 8 C.F.R. § 244.1, one of several amendments promulgated by the INS in response to the taking of American hostages in Iran. The petitioners contend that § 244.1 is procedurally defective under...

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