Foti v. Immigration and Naturalization Service

Summary

The Court, through Chief Justice Warren, held that § 106(a) of the Immigration and Nationality Act gives the Courts of Appeals initial, exclusive jurisdiction to review denials of suspension of deportation made during deportation proceedings. The statutory phrase “final orders of deportation” encompasses these determinations, consistent with longstanding administrative practice and Congress's purpose to consolidate judicial review and prevent delay. The Court reversed and remanded without deciding the merits of Foti's eligibility for relief or whether jurisdiction extends to refusals to reopen proceedings. It also concluded that an intervening amendment potentially barring Foti's relief did not prevent resolution of the jurisdictional question because the amendment's applicability remained debatable. Justice Harlan concurred in the judgment, without any noted joinder, finding the legislative history decisive despite favoring circumspect construction of jurisdictional statutes.