Andrija Artukovic v. Immigration and Naturalization Service

Andrija Artukovic filed a petition to review an order of the Board of Immigration Appeals revoking his stay of deportation under § 243(h) of the Immigration and Nationality Act of 1952. 8 U.S.C. § 1253 (h) (as amended 1978) 1 . We vacate the order of the board.

*896 Artukovic entered the United States in 1948 on a visitor’s visa using a false name. He was given two extensions of his temporary stay, but did not depart when they expired.

In 1951, the Immigration and Naturalization Service brought deportation proceedings against Artukovic because, he had entered under a false passport and because he had overstayed his visitor’s visa. Artukovic applied for a suspension of deportation under Section 19(c) of the Immigration Act of 1917 ( 39 Stat. 874 ). The Immigration and Naturalization Service hearing officer denied the suspension after a hearing in 1952.

In 1953, the hearing officer’s decision was affirmed by the Board of Immigration Appeals. Because Artukovic had failed to qualify for suspension of deportation under section 19(c), the board ordered him deported. That order was not executed because of a pending request by the Yugoslavian government to extradite Artukovic for trial…

I dissent.

693 F.2d 894 Andrija ARTUKOVIC, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 81-7415. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 4, 1982. Decided Dec. 1, 1982. Ronald H. Bonaparte, Los Angeles, Cal., for petitioner. Allan A. Ryan, Jr., Director, argued, for respondent; Clarice R. Feldman, Los Angeles, Cal., Rodney G. Smith, Washington, D.C., on brief. Appeal from an Order of the Board of Immigration Appeals. Before GOODWIN and SCHROEDER, Circuit Judges, and SOLOMON * District Judge. GOODWIN, Circuit Judge. 1 Andrija Artukovic filed a petition to review an order of the Board of Immigration Appeals revoking his stay of deportation under Sec. 243(h) of the Immigration and Nationality Act of 1952. 8 U.S.C. Sec. 1253 (h) (as amended 1978) 1 . We vacate the order of the board. 2 Artukovic entered the United States in 1948 on a visitor's visa using a false name. He was given two extensions of his temporary stay, but did not depart when they expired. 3 In 1951, the Immigration and Naturalization Service brought deportation proceedings against Artukovic because he had entered under a false passport and because he had overstayed his…