Cheng Fan Kwok v. Immigration and Naturalization Service

Jurisdiction to review the denial by a district director of immigration of a stay of deportation, requested by a Chinese seaman who had deserted his ship and remained unlawfully in this country, where the pertinent order was not entered in the course of a deportation proceeding conducted under § 242 (b) of the Immigration and Nationality Act, is not, under the provisions of § 106 (a), vested exclusively in the courts of appeals. Pp. 208-218.

Jules E. Coven argued the cause for petitioner. With him on the brief was Abraham Lebenkoff.

Charles Gordon argued the cause for respondent. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Vinson, and Francis X. Beytagh, Jr.

William H. Dempsey, Jr., by invitation of the Court, 390 U. S. 918, argued the cause and filed a brief, as amicus curiae, urging affirmance.