Domenico Andrijic v. Immigration and Naturalization Service

Domenico Andrijic applied to the Immigration and Naturalization Service for the withholding of his ordered deportation to Yugoslavia. He did so pursuant to section 243(h) of the Immigration and Nationality Act (Act), 66 Stat. 214 (1952), 8 U.S.C. § 1253 (h) (1964), on the ground that, if deported to Yugoslavia, he would be subject to “physical persecution.” The application was denied by a special hearing officer, and the order of denial was affirmed by the Board of Immigration Appeals. This review proceeding was then instituted pursuant to section 106 of the Act, 75 Stat. 651 (1961), 8 U.S.C. § 1105a (1964).

On October 3, 1965, after the review proceeding reached this court, section 11(f) of Public Laws 89-236 was enacted, amending section 243(h) of the Act, 79 Stat. 911 . The amendment struck out the words “physical persecution” and inserted in lieu thereof “persecution on account of race, religion, or political opinion.”

Pointing out that section 243(h) relief is thus no longer expressly limited to cases where the applicant would be subject to “physical” persecution, petitioner contends that the Service should be asked to reexamine the application in the light of the statute…