Djordje Kovac v. Immigration and Naturalization Service, John P. Boyd, District Director, Seattle, Washington

This is a petition for review of a final order of deportation. 8 U.S.C. § 1105a (1964). We remand for further proceedings.

Petitioner, a native and citizen of Yugoslavia, entered the United States on February 13, 1967, as a non-immigrant crewman on shore leave from a Yugoslavian vessel. 8 U.S.C. §§ 1101 (a) (15) (D) and 1282(a) (1) (1964). His ship departed on February 21, but petitioner remained. He concedes that he is deport-able. 8 U.S.C. § 1251 (a) (2) (1964).

At his deportation hearing, held on March 6, 1967, petitioner expressed a desire to apply for a temporary stay of deportation under section 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253 (h), which, as amended October 3, 1965, Pub.L. 89-236, § 11 (f), 79 Stat. 918 , authorizes the Attorney General to withhold deportation' to any country in which “the alien would be subject to persecution on account of race, religion, or political opinion.”

The deportation hearing was brief, consisting almost entirely of an examination of petitioner by government counsel through an interpreter — petitioner did not speak English and was not represented by counsel. At the conclusion of the hearing the special inquiry…