420 F.2d 645 (D.C. Cir. 1969), 22350, Hamad v. United States Immigration and Naturalization Service

Docket Nº:22350.
Citation:420 F.2d 645
Party Name:Isa HAMAD, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:December 22, 1969
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
FREE EXCERPT

Page 645

420 F.2d 645 (D.C. Cir. 1969)

Isa HAMAD, Petitioner,

v.

UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 22350.

United States Court of Appeals, District of Columbia Circuit.

December 22, 1969

Argued Oct. 20, 1969.

Mr. David Carliner, Washington, D.C., for petitioner.

Mrs. Constance S. Rotan, Atty., Department of Justice, with whom Messrs. David G. Bress, U.S. Atty. at the time the brief was filed, and Paul C. Summitt, Atty., Department of Justice, were on the brief, for respondent.

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBB, Circuit judges.

Page 646

J. SKELLY WRIGHT, Circuit Judge:

This petition pursuant to Section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a) (1964), seeks review of an order of deportation issued by the Immigration and Naturalization Service and affirmed by the Board of Immigration Appeals. We dismiss the petition and affirm the Board's order.

Petitioner, who has been ordered deported to Jordan, is an alien conceded to be deportable because he entered the United States without inspection in violation of 8 U.S.C. § 1251(a)(2) (1964). This entry was the third time petitioner entered the United States illegally, and the present order is the third order of deportation entered against him. In the present proceedings, he applied for and was denied two forms of discretionary relief: (1) withholding of deportation pursuant to 8 U.S.C. § 1253(h) (Supp. IV 1965-1968); and (2) voluntary departure in lieu of deportation pursuant to 8 U.S.C. § 1254(e) (1964). In his petition he basically challenges the refusal of the Immigration and Naturalization Service to exercise its discretion and grant either relief. 1

Section 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h), provides:

'The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to persecution on account of race, religion, or political opinion and for such period of time as he deems to be necessary for such reason.'

(Emphasis added.) Petitioner acknowledges, as he must, that the statute commits the decision whether or not to withhold deportation to the discretion of the Attorney General and his agent, the Board of Immigration Appeals. He argues that this discretion...

To continue reading

FREE SIGN UP