Ali Asghar Asghari v. Immigration and Naturalization Service

Petitioner is a native and citizen of Iran who was admitted to the United States on December 10, 1960, as a temporary visitor. Upon application, his status was changed to that of a student, and an extension of stay granted to March 15, 1965. He has remained in the United States to the present.

A further extension of time to depart the United States was granted to April 6, 1965. Instead of departing he went to New York without informing respondent of his change of address. He left no forwarding address with his landlady.

Four or five months after petitioner arrived he obtained employment without permission from respondent. On February 17, 1964, and February 15, 1965, when he applied for extension status, he falsely stated that he had not been employed, and that his means of support was money from his uncle.

Deportation proceedings were instituted against petitioner on June 6, 1966. A hearing was held by the special inquiry officer. Petitioner conceded deportability, but applied for a stay of deportation of the ground that if he were deported to Iran, he would be subject to persecution. He relied on Section 243(h) of the Immigration and Nationality Act (hereafter the Act), 8…