Jogindar Singh Clair v. Bruce G. Barber, as District Director of Immigration and Naturalization Service, San Francisco District

The appellant, a citizen of India, who entered the country in 1940 at a time when he was serving as a seaman on a British vessel, was ordered deported because his presence in the United States was unlawful since at the time of his entry he had no visa and he simply failed to return to his ship after he had been given shore leave. In connection with his deportation proceedings appellant applied for suspension of deportation under Title 8 U.S.C.A. § 1254 (a)(1). This application was denied by the Special Inquiry Officer and the Board of Immigration Appeals affirmed the denial. The Board expressly approved the Special Inquiry Officer’s denial stated to be “because the respondent came into the United States on an allied merchant vessel during the war, left his ship and did not engage in seaman service during the remainder of hostilities.”

The appellant sought review of the order denying suspension of deportation by complaint filed in the court below invoking the provisions of § 10 of the Administrative Procedure Act ( 5 U.S.C.A. § 1009 ). The district court denied relief.

On this appeal from that decision appellant asserts that the action of the Board of Immigration Appeals was…