Panagiotis Kalatjis, AKA Peter Kallas v. George K. Rosenberg, as District Director, Immigration and Naturalizationservice, Los Angeles, California

“As Chief Justice John Marshall said a century and a quarter ago, ‘[i]f courts were permitted to indulge their sym pathies, a case better calculated to excite them can scarcely be imagined.’ ”

Appellant was ordered deported as an alien who had illegally entered this country. Under certain circumstances of “hardship,” the Attorney General of the United States or his delegate may suspend deportation. This suspension is discretionary with the Attorney General or his delegate. Its exercise adversely to appellant is here alleged to have been an abuse of discretion.

Appellant asks us to substitute his judgment for that of the Attorney General. This we cannot do. We can only determine whether there exists a clear abuse of discretion. The court below held there was none. We agree.

Panagiotis Kalatjis, as an alien, entered the United States illegally (i. e., without documents or inspection) on June 23, 1951. He married an American citizen on September 9,1951, and has two children by that marriage. In April of 1953 he was apprehended, and granted voluntary departure. He did not disclose at this time any previous arrests. He departed to Tijuana, Mexico, and awaited action on his request…