Malek Abdullah Malek-Marzban and Badry Malek-Marzban v. Immigration and Naturalization Service

HAYNSWORTH, Senior Circuit Judge:

The petitioners, husband and wife, are Iranian nationals who are subject to a valid deportation order. The time during which they could be permitted voluntarily to depart the United States was affected by the April 25, 1980 amendment of 8 C.F.R. § 244.1, one of several amendments promulgated by the INS in response to the taking of American hostages in Iran. The petitioners contend that § 244.1 is procedurally defective under the Administrative Procedure Act and unconstitutional under the equal protection clause of the Fifth Amendment. We find these contentions…