Kladis v. Immigration and Naturalization Service, 14862.

• Decision Date: 23 March 1965
• Docket Number: No. 14862.,14862.
• Citation: 343 F.2d 513
• Parties: Panagiotis KLADIS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
• Court: U.S. Court of Appeals — Seventh Circuit

343 F.2d 513 (1965)

Panagiotis KLADIS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 14862.

United States Court of Appeals Seventh Circuit.

March 23, 1965.

Peter Bakakos, George W. Alexander, Chicago, Ill., for petitioner.

Edward V. Hanrahan, U. S. Atty., Richard G. Schultz, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, John Powers Crowley, Asst. U. S. Attys., of counsel, for respondent.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

HASTINGS, Chief Judge.

This matter is before us on the petition of Panagiotis Kladis (petitioner) for review of an order of the Immigration and Naturalization Service (respondent) under Public Law 87-301, Title 8 U.S.C.A. § 1105a.

Petitioner asserts the District Director abused his discretion by refusing to grant a stay of deportation to allow petitioner to remain in the United States to recover funds due him in a case pending before the Illinois Industrial Commission in which he claims compensation for an alleged injury on May 20, 1964, while he was working.

Petitioner is a citizen of Greece. He was admitted to the United States at New York, New York on April 8, 1961 as a nonimmigrant visitor for pleasure. He was authorized to remain here until May 29, 1962. He did not depart prior to or on that date.

On August 6, 1962, petitioner was served with an order to show cause why he should not be deported. A hearing was had before a Special Inquiry Officer on August 16, 1962. Petitioner was represented by counsel. At the hearing petitioner admitted he was subject to deportation on the charge contained in the order to show cause. He stated there was then pending in Congress a private bill introduced on June 28, 1962 to grant him permanent residence in the United States. He asked for a stay during pendency of this bill. He was advised by the Special Inquiry Officer that such a stay was a matter for the District Director.

After being further informed of his rights, petitioner requested the privilege of voluntary departure without expense to United States within such time and under such conditions as the District Director should direct. This was granted and so ordered.

At the conclusion of the hearing, having heard and examined the order to be entered, petitioner was advised the order would be final unless an appeal was taken to the Board of Immigration Appeals. Petitioner and his counsel each stated he understood the order and waived appeal therefrom. 8 C.F.R. § 242.21.

On August 16, 1962, the Special Inquiry Officer ordered petitioner deported if he failed to voluntarily depart when so ordered by the District Director. No appeal was taken therefrom. The order thereupon became final. 8 C.F.R. § 243.1. The instant petition for review was not filed until October 29, 1964.

Thereafter, petitioner continued to remain in the United States. The bill pending in Congress for his private relief was not enacted into law.

After being notified of petitioner's pending claim before the Illinois Industrial Commission, the District Director on four occasions reconsidered petitioner's circumstances and granted a stay of deportation. On first learning of the pending claim, an extension was immediately granted from June 6, 1964 to July 6, 1964. On being notified by the Industrial Commission that the hearing was scheduled for July 15, 1964, another stay to July 20, 1964 was promptly granted without request from petitioner.

After petitioner failed to report on July 20, 1964, the director inquired of the Commission and learned the hearing had been continued for five months. The deportation date was extended to September 20, 1964. Petitioner again failed to report and a further extension was granted to October 20, 1964. When petitioner failed to honor this last departure date, the director withdrew the voluntary departure order on October 21, 1964.

It is undisputed that petitioner has taken no steps to expedite his hearing before the Industrial Commission or to have his own deposition taken therein. Further, petitioner completely ignored the several extended departure dates of which he had notice.

On October 21, 1964, a warrant of deportation was issued and notice thereof was sent to petitioner. On October 26, 1964, petitioner filed his current motion for stay of deportation pending decision of his injury claim. The stay application was denied by the District Director on October 26, 1964. An order to report for deportation to Greece on November 4, 1964 was issued by the Assistant District Director on October 28, 1964. As indicated, the instant petition for review of the order of denial of stay on...