Petros Lezos v. Herman R. Landon, District Director, Immigration and Naturalization Service

The proceeding under .consideration was initiated February 11, 1954, by complaint in the District Court. That pleading prayed that defendant be enjoined from deporting plaintiff and that the order of surrender be vacated. Motion to dismiss the complaint was granted and appeal followed.

Below are matters admitted on the record. Lezos was born on the Island of Corfu in 1907. He entered the United States as a seaman on October 30, 1940, under a statute permitting a stay not to exceed twenty-nine days. He has remained here ever since. His stay after entry for temporary purposes is admitted by all to be illegal, including Lezos and his counsel.

On October 12, 1951, Lezos was arrested and charged' with being in the United States in violation of law in that he remained in this country longer than permitted by statute. During the hear ing on April 10, 1953, he refused to designate any country to which he desired deportation. A final order of deportation issued on August 24, 1953. Thereafter, on October 1, 1953, and upon further request of the Service, he designated Albania as the country to which he desired to be deported, although the record clearly shows he is a citizen of Greece. The…