Antolos v. Immigration and Naturalization Service

• Decision Date: 17 October 1968
• Docket Number: No. 22101.,22101.
• Parties: Vladimir ANTOLOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE of the United States Department of Justice, Respondent.
• Court: U.S. Court of Appeals — Ninth Circuit

402 F.2d 463 (1968)

Vladimir ANTOLOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE of the United States Department of Justice, Respondent.

No. 22101.

United States Court of Appeals Ninth Circuit.

October 17, 1968.

Hiram W. Kwan (argued) of Kwan, Cohen, & Lum, Los Angeles, Cal., for appellant.

Carolyn M. Reynolds (argued) Asst. U. S. Atty., Wm. M. Byrne, Jr., U. S. Atty., Los Angeles, Cal., Stephen Suffin, I.N.S., San Francisco, Cal., Ramsey Clark, Atty. Gen. of U. S., Washington, D. C., Joseph Sureck, Reg. Counsel, I.N.S., San Pedro, Cal., for appellee.

Before BARNES and HAMLIN, Circuit Judges, and CROCKER, District Judge.^*

HAMLIN, Circuit Judge.

Petitioner Vladimir Antolos appeals from a deportation order made by the Immigration and Naturalization Service. For the reasons set forth below, his appeal is denied.

Petitioner, a 25-year-old native and citizen of Yugoslavia, entered the United States at New York on or about July 22, 1965, as a nonimmigrant visitor. He was authorized to remain until May 30, 1966, but he remained in the United States after that date. On August 29, 1966, petitioner was granted the privilege of voluntary departure by an immigration officer in Los Angeles, California, in lieu of the institution of deportation proceedings, his departure to be made on or before September 8, 1966. When petitioner did not so depart, an order to show cause and a notice of hearing were issued on December 1, 1966, directing petitioner to show cause why he should not be deported. At the hearing on the order to show cause, petitioner appeared with his attorney and admitted all of the charges in the order to show cause, including the charge of deportability. At this hearing petitioner submitted an application under 8 U.S.C. § 1253(h), seeking a stay of deportation upon the ground that he would be subject to persecution by reason of his political opinions if deported to his native country, Yugoslavia. The Special Inquiry Officer, after a full hearing, found that petitioner had not shown that he would suffer persecution if returned to Yugoslavia, and denied his application for relief under § 1253(h). Petitioner was granted the privilege of voluntary departure, but if he failed to depart by a date certain, he was to be deported to Yugoslavia.

Petitioner appealed the decision of the Special Inquiry Officer to the Board of Immigration Appeals. The Board dismissed the appeal on May 11, 1967. The instant appeal was then taken.

This court has jurisdiction under 8 U.S.C. § 1105a. This grant of jurisdiction includes review of orders with respect to discretionary relief sought during deportation proceedings, such as an application for stay of deportation. Foti v. I.N.S., 375 U.S. 217, 84 S.Ct. 306, 11 L.Ed.2d 281 (1963).

The sole issue on this appeal is whether petitioner...