Soon Yung Ahn, Also Known as Soon Young Ahn v. Immigration and Naturalization Service
Opinion
Opinion
Soon Yung Ahn is a native and citizen of the Republic of Korea. He last entered the United States on January 19, 1959, as a student. Thereafter, he received extensions of his temporary stay until January 18, 1963, but failed to depart from the United States on or before that date. On February 14, 1964, the Immigration and Naturalization Service instituted these deportation proceedings against him, charging him with being deportable under section 241(a) (2) of the Immigration and Nationality Act (Act), 66 Stat. 204 (1952), 8 U.S.C. § 1251 (a) (2) (1958).
Soon Yung Ahn admitted, during these proceedings, that he was deportable on the stated charge. However, pursuant to 8 C.F.R. § 242.17 (1962), he applied for the withholding of his deportation to the Republic of Korea under the provisions of section 243(h) of the Act, 8 U.S.C. § 1253 (h) (1958). This statute provides that the Attorney General is authorized to withhold deportation of any aliens within the United States to any country in which “ * * * in his opinion the alien would be subject to physical persecution * * * ” and for such period of time as he deems to be necessary for such reason.