Scribd Logo
Upload

Welcome to Scribd!

  • Aleksander Dabrowski v. John W. Holland, District Director of Immigration and Naturalization For The 4th Immigration District, Philadelphia, Pa, 259 F.2d 449, 3rd Cir. (1958)

    Uploaded by

    Scribd Government Docs
    4 views1 page
    The United States Court of Appeals for the Third Circuit affirmed the district court's dismissal of an appeal from a denial of a stay of deportation. The appellant, Aleksander Dabrowski, sought review of an order denying him a stay of deportation under a statute that authorizes withholding deportation if the alien would face physical persecution. While the discretion to withhold deportation rests with the Attorney General, the record showed no unfairness or arbitrariness in the exercise of that discretion in this case, despite the result being unsatisfactory to the appellant.

    Original Description:

    Filed: 1958-10-10 Precedential Status: Precedential Citations: 259 F.2d 449 Docket: 12593_1

    Original Title

    Aleksander Dabrowski v. John W. Holland, District Director of Immigration and Naturalization for the 4th Immigration District, Philadelphia, Pa, 259 F.2d 449, 3rd Cir. (1958)

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Third Circuit affirmed the district court's dismissal of an appeal from a denial of a stay of deportation. The appellant, Aleksander Dabrowski, sought review of an order denying him a stay of deportation under a statute that authorizes withholding deportation if the alien would face physical persecution. While the discretion to withhold deportation rests with the Attorney General, the record showed no unfairness or arbitrariness in the exercise of that discretion in this case, despite the result being unsatisfactory to the appellant.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    4 views1 page

    Aleksander Dabrowski v. John W. Holland, District Director of Immigration and Naturalization For The 4th Immigration District, Philadelphia, Pa, 259 F.2d 449, 3rd Cir. (1958)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Third Circuit affirmed the district court's dismissal of an appeal from a denial of a stay of deportation. The appellant, Aleksander Dabrowski, sought review of an order denying him a stay of deportation under a statute that authorizes withholding deportation if the alien would face physical persecution. While the discretion to withhold deportation rests with the Attorney General, the record showed no unfairness or arbitrariness in the exercise of that discretion in this case, despite the result being unsatisfactory to the appellant.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 1

    259 F.

    2d 449

    Aleksander DABROWSKI, Appellant,


    v.
    John W. HOLLAND, District Director of Immigration and
    Naturalization for the 4th Immigration District,
    Philadelphia, Pa.
    No. 12593.

    United States Court of Appeals Third Circuit.


    Argued Oct. 7, 1958.
    Decided Oct. 10, 1958.

    Stephen J. Kovrak, Philadelphia, Pa., for appellant.


    Alan J. Swotes, Asst. U.S. Atty., Philadelphia, Pa. (Harold K. Wood, U.S.
    Atty., Philadelphia, Pa., on the brief), for appellee.
    Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.
    PER CURIAM.

    This is an appeal from the judgment dismissing the plaintiff's action. He seeks a
    review of an order denying him a stay of deportation under Section 243(h) of
    the Immigration and Nationality Act of 1952. Plaintiff has had full hearing on
    the administrative side. His story was disbelieved by the hearing officer. The
    statute to which reference is made authorizes the Attorney General to withhold
    deportation where 'in his opinion the alien would be subject to physical
    persecution * * *.' 8 U.S.C.A. 1253(h) (1953). The original discretion under the
    statute, by its very terms, is vested in the Attorney General. Under what
    circumstances that discretion might be reviewable in case it was not fairly
    exercised we do not need to settle here. The record in this case shows no
    unfairness or arbitrariness although the result reached is naturally
    unsatisfactory to the plaintiff.

    The judgment of the district court will be affirmed.

    You might also like