Ahmet Lebip Demirci v. Herman R. Landon, District Director of the United States Immigration and Naturalization Service in Los Angeles

The question on this appeal from an order denying a writ of habeas corpus is whether the doctrine of estoppel should be applied so as to postpone the deportation of Ahmet Lebip Demirci.

Demirci, a native and citizen of Turkey, was admitted to the United States on March 29, 1948, under the provisions of Section 4(e) of the Immigration Act *2 of 1924. 1 He was to remain in this country four years in order to complete a course, in business administration at the University of Indiana. After completing three years of study he was requested by the University to become an instructor in the Turkish language. When informed that he could not engage in gainful employment while in the United States on a student’s visa, he applied for a change of status from that of a nonquota immigrant to that of an exchange alien nonimmigrant, which was granted. 2 At the same time it was ordered that his temporary stay in the United States would terminate on March 29, 1953. Due to the discontinuation of the language course, his employment as an instructor ended March 6, 1953. Thereafter, he unsuccessfully sought to reacquire his original status as a student, and he was notified that his visitor’s visa could…

I fully concur in the opinion of the Court. However, there is a caveat. In Bustos-Ovalle v. Landon, 9 Cir., 225 F.2d 878 , the Court said: in certain instances “habeas corpus has been judicially denied and the Board of Immigration Appeals has thereafter granted a stay of deportation. This is improper and points up the necessity of some showing that the administrative remedies have been exhausted.” The reference was to the subsequent proceedings after our determination in Schoeps v. Carmichael, supra. If the administrative is not m earnest in these deportations, but is to nullify the decisions of the Courts by clement erosion, the petitioners in such instances should be forthwith released from custody judicially by granting the Great Writ.

225 F.2d 1 Ahmet Lebip DEMIRCI, Appellant, v. Herman R. LANDON, District Director of the United States Immigration and Naturalization Service in Los Angeles, Appellee. No. 14425. United States Court of Appeals, Ninth Circuit. April 22, 1955. Rehearing Denied June 15, 1955. Harry C. Wolpin, Los Angeles, Cal., for appellant. Laughlin E. Waters, U.S. Atty., Max F. Deutz, Andrew J. Davis, Jr., Asst. U.S. Attys., Los Angeles, Cal., for appellee. Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge. WIIG, District Judge. The question on this appeal from an order denying a writ of habeas corpus is whether the doctrine of estoppel should be applied so as to postpone the deportation of Ahmet Lebip Demirci. Demirci, a native and citizen of Turkey, was admitted to the United States on March 29, 1948, under the provisions of Section 4(e) of the Immigration Act of 1924. 1 He was to remain in this country four years in order to complete a course in business administration at the University of Indiana. After completing three years of study he was requested by the University to become an instructor in the Turkish language. When informed that he could not engage in gainful employment…