Lena v. Immigration and Naturalization Service
| Decision Date | 09 June 1967 |
| Docket Number | No. 15974.,15974. |
| Citation | 379 F.2d 536 |
| Parties | Konstantinos LENA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Melvyn E. Stein, Chicago, Ill., for petitioner.
Edward V. Hanrahan, U. S. Atty., Robert J. Weber, Asst. U. S. Atty., Chicago, Ill., for respondent, John Peter Lulinski, Asst. U. S. Atty., of counsel.
Before KNOCH, CASTLE and FAIRCHILD, Circuit Judges.
The petitioner, Konstantinos Lena, is a native and citizen of Turkey. He came to the United States in the fall of 1964 as a visitor on a pleasure trip. He did not depart on February 4, 1966, when his authorization to remain expired. He admits that he is amenable to deportation under § 241(a) (2) of the Immigration and Nationality Act, Title 8 U.S.C.A. § 1251(a) (2), having outstayed his permitted time.
He sought a stay of deportation under § 243(h) as amended, Title 8 U.S.C.A. § 1253(h), which was denied by the Special Inquiry Officer, whose decision was sustained by the Board of Immigration Appeals. This petition for review was then filed pursuant to Title 8 U.S.C.A. § 1105a, on the ground that denial of a stay in this case was arbitrary and erroneous in law.
The petitioner takes the position that he has presented a prima facie case of persecution, because of his Greek Orthodox faith, if he is forced to return to Turkey, and that the Attorney General to justify denial of a stay must rebut that prima facie case with clear, convincing and unequivocal evidence.
The statute in question provides:
It previously read:
The pertinent change was the removal of the word "physical" before the word "persecution."
The decision to be made is within the administrative judgment of the Attorney General or his duly authorized delegate. United States ex rel. Dolenz v. Shaughnessy, 2 Cir., 1952, 200 F.2d 288, 291, cert. den. 345 U.S. 928, 73 S.Ct. 780, 97 L.Ed. 1358.
This Court may determine whether there has been an abuse of the discretion reposed in the Attorney General but we do not substitute our own opinion for his so long as his reasons for denying suspension of deportation in any case are sufficient on their face. Obrenovic v. Pilliod, 7 Cir., 1960, 282 F.2d 874, 876; Chao-Ling Wang v. Pilliod, 7 Cir., 1960, 285 F.2d 517, 519; Kalatjis v. Rosenberg, 9 Cir., 1962, 305 F.2d 249, 250.
The Special Inquiry Officer in this case found that Greeks in Turkey do and are permitted to practice their religion, that such discrimination as exists is against the Church itself rather...
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Carvajal-Munoz v. Immigration and Naturalization Service
...were discretionary, we reviewed them under an arbitrary, or capricious, or an abuse of discretion standard. See Lena v. INS, 379 F.2d 536, 537 (7th Cir.1967); see also Fleurinor, 585 F.2d at 133. We agree with the majority of other circuits that have addressed the matter, however, that the ......
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Immigration and Naturalization Service v. Stevic
...E.g., Cheng Kai Fu v. INS, 386 F.2d 750, 753 (CA2 1967), cert. denied, 390 U.S. 1003, 88 S.Ct. 1247, 20 L.Ed.2d 104 (1968); Lena v. INS, 379 F.2d 536, 538 (CA7 1967); In re Janus and Janek, 12 I. & N. Dec. 866, 873 (BIA 1968); In re Kojoory, 12 I. & N.Dec. 215, 220 (BIA 1967). With certain ......
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Cisternas-Estay v. Immigration and Naturalization Service
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Edmond v. Nelson, Civ. A. No. 82-5973.
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