Albert Vita Sciama v. Albert Del Guercio, District Director of Immigration and Naturalization at Los Angeles, California

Albert Vita Sciama instituted this proceeding under the Administrative Procedure Act, 5 U.S.C.A. § 1009 , for judicial review of an order for his deportation. Judgment was entered for defendant. Plaintiff appeals.

Appellant is an alien, a native of Egypt and a citizen of Italy. He last entered the United States on January 26, 1946, at Tacoma, Washington. At that time, he was admitted as a temporary visitor for a period of six months. Appellant’s visa was last extended until September 15, 1947. On November 30, 1947, he was notified that his application for a further extension had been denied. He was at that time advised that it was incumbent upon him to depart from the United States within two weeks. Sciama failed to depart within the time specified.

A warrant for his arrest was issued by the Immigration and Naturalization Service on December 22, 1947. The ground stated in the warrant was that Sciama had been found in the United States in violation of the Immigration Act of May 26, 1924, “in that, after admission as a visitor, he has remained in the United States for a longer time than permitted under said act or regulations made thereunder.”

A hearing on this matter was held on…