Hossein Hosseinmardi v. Immigration and Naturalization Service

Petitioner is a native and citizen of Iran, who was admitted to the United States as a student in 1959. He has remained here since, except for a short visit to Iran in 1963. He admits his visa has expired, and he does not contest deportability. He applied for a stay of deportation under § 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253 (h), 1 as amended, on the ground that if he were deported to Iran he would face persecution there because of his political beliefs and activities here in the United States in opposition of the Shah of Iran. Following a hearing granted petitioner, the Special Inquiry Officer *27 denied a stay of deportation, and ordered that petitioner be granted voluntary departure without expense to the government and, if such voluntary departure is not undertaken, the petitioner be deported to Iran. Denial of discretionary relief under § 243(h) was affirmed by the Board of Immigration Appeals.

This Court has jurisdiction to hear an appeal from a denial of an application for a stay of deportation. 8 U.S.C. § 1105a; Foti v. Immigration & Naturalization Service, 375 U.S. 217 , 84 S.Ct. 306 , 11 L.Ed.2d 281 (1963).

Petitioner’s principal assertions of…

ON PETITION FOR REHEARING

1. In his petition for rehearing petitioner presses the contention that the Board of Immigration Appeals acted arbitrarily and capriciously by ignoring the testimony of petitioner’s expert witnesses about conditions in Iran in reliance upon the letter from the State Department official whom counsel was not permitted to cross-examine or subject to discovery procedures.

The potential unreliability of such letters is effectively exposed in Kasravi v. Immigration & Naturalization Service, 400 F.2d 675 , 677 & n. 1 (9th Cir. 1968). The generalities regarding conditions in Iran which appear in the letter were severely challenged by petitioner’s expert witnesses. It might well have been improper had the Board given substantial weight to those generalities without corroboration or further inquiry. Cf. Consolidated Edison Co. of New York v. NLRB, 305 U.S. 197, 229-230 , 59 S.Ct. 206 , 83 L.Ed. 126 (1938); National Council of American-Soviet Friendship, Inc. v. Subversive Activities Control Board, 116 U.S.App.D.C. 162 , 322 F.2d 375, 386-387 (1963); NLRB v. Yutana Barge Lines, Inc., 315 F.2d 524, 528 (9th Cir. 1963); Willapoint Oysters Inc. v. Ewing, 174 F.2d…

405 F.2d 25 Hossein HOSSEINMARDI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 21772. United States Court of Appeals Ninth Circuit. March 22, 1968, Rehearing Denied Jan. 29, 1969. Seymour Mandel (argued), Los Angeles, Cal., for appellant. William P. Lamb (argued), Asst. U.S. Atty., William M. Byrne, Jr., U.S. Atty., Frederick M. Brosio, Jr., Asst. U.S. Atty., Chief, Civil Division, Los Angeles, Joseph Sureck, Regional Counsel, INS, San Pedro, Cal., Steve Suffin, Attorney, INS, San Francisco, Cal., for appellee. Before BROWNING and ELY, Circuit Judges, and BYRNE, * District judge. BYRNE, District Judge: Petitioner is a native and citizen of Iran, who was admitted to the United States as a student in 1959. He has remained here since, except for a short visit to Iran in 1963. He admits his visa has expired, and he does not contest deportability. He applied for a stay of deportation under 243(h) of the Immigration and Nationality Act, 8 U.S.C. 1253(h), 1 as amended, on the ground that if he were deported to Iran he would face persecution there because of his political beliefs and activities here in the United States in opposition of the Shah of Iran.…