Steve Mastorakis v. Immigration and Naturalization Service

On October 12, 1970, petitioner, a citizen of Greece, entered the United States as a nonimmigrant visitor for pleasure. vHe was authorized to remain in this country until April 11, 1971. A month after his entry, petitioner secured employment at a Long Beach, California, hamburger stand. Thereafter, the Immigration and Naturalization Service charged that under Section 241(a) (9) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a) (9), he was subject to deportation because his acceptance of employment constituted a failure to comply with the conditions of his nonimmigrant status. At a hearing, a special inquiry officer determined the petitioner was a deportable alien but granted him the privilege of voluntary departure with an alternative deportation order if he failed to depart by April 25, 1971. The Board of Immigration Appeals found the petitioner’s deportability to be beyond challenge and dismissed his appeal.

Petitioner maintains there is no factual basis to the determination that he had violated a condition of his nonimmigrant status because in his view, the record adduced at the hearing failed to establish he had been informed that acceptance of employment…