Cheng Fan Kwok v. Immigration and Naturalization Service

Summary

The Court, in an opinion by Justice Harlan, held that § 106(a) of the Immigration and Nationality Act gives courts of appeals exclusive review jurisdiction only over determinations made during § 242(b) deportation proceedings, including determinations incident to motions to reopen those proceedings. A district director's subsequent denial of a stay, entered outside those proceedings and not challenging the deportation order itself, falls outside that jurisdiction. The Court therefore affirmed the Third Circuit's dismissal for lack of jurisdiction. Justice White dissented without any noted joinder, reasoning that the statutory word “pursuant” encompasses a stay denial entered as a consequence of an outstanding deportation order; he would have reversed.