Haviv Schieber v. Immigration & Naturalization Service

Petitioner is a native of Poland and is an Israeli citizen. He was admitted to the United States as a non-immigrant visitor for pleasure on March 18, 1959, and was thereafter authorized to remain until February 1, 1960.

On March 15, 1961, an order to show cause and notice of hearing was issued by the Immigration and Naturalization Service charging that petitioner was subject to deportation pursuant to section 241(a) (2) of the Act, in that after admission under section 101(a) (15) of the Act he remained in the United States for a longer period than permitted. After a hearing the inquiry officer ordered that petitioner be deported, and on April 4, 1961, a warrant was issued for his deportation. Petitioner then submitted an application for a stay of deportation under section 243(h) of the Act ( 8 U.S.C. § 1253 (h)) alleging that his deportation would subject him to physical persecution. After hearing, this application was denied in August, 1961, a finding having been made “that it has not been established that the applicant would be subjected to physical persecution if so deported.”

On February 23, 1962, petitioner moved to reopen his deportation proceedings to permit him an…