Malgorzata Gornicka v. Immigration and Naturalization Service

KASHIWA, Associate Judge.

This case raises the question whether an alien’s bond determination made pursuant to 8 U.S.C. § 1252(a) (1976) and 8 C.F.R. § 242.2 (1981) is directly appealable to the Courts of Appeals under 8 U.S.C. § 1105a (1976).

Malgorzata Gornicka, the petitioner, a citizen of Poland, entered the United States on September 5, 1979, as a nonimmigrant visitor for pleasure under section 101(a)(15)(B) of the Immigration and Nationality Act (hereinafter the Act). A visit until October 1,1979, was authorized by her visa; she, however, stayed past the October 1 deadline. On January…