Foti v. Immigration and Naturalization Service

Summary

The Court held that the exclusive appellate-review procedure applies not only to findings of deportability but also to denials of discretionary suspension of deportation made in the same administrative proceeding. It relied on the statutory context, longstanding administrative practice, congressional purpose to eliminate duplicative and dilatory judicial review, and legislative history indicating that finality occurs only after all applications for suspension have been decided. The judgment was reversed and remanded for further proceedings in the Court of Appeals. Justice Harlan, concurring, agreed that the legislative history compelled the same result while cautioning that jurisdictional statutes should be construed circumspectly.