Holz

Holz brought an action for review 1 of an order of deportation outstanding against him. He sought to have the order declared void and enforcement thereof enjoined. The record of the hearing before the Special Inquiry Officer was introduced. Certain facts shown thereby are uncontroverted. Holz is an alien, a native of Roumania. A warrant for his arrest was duly issued by the officers of the Immigration Service. He was charged on two grounds: (1) that at the time of his last entry he was ex-cludable as an alien who was not in possession of a visa or other valid entry document, and (2) that at the time of his last entry he was excludable as an alien who during war had departed from the United States to avoid service in the armed forces thereof.

Based upon the evidence at the hearing, both charges were found to have been established. The Special Hearing Officer ordered Holz be granted the privilege of voluntary departure, but, if he failed to depart when and as required, the privilege should be withdrawn and deportation would follow. This decision was sustained by the Board of Immigration Appeals.

The trial court upheld the validity of the order of deportation after a trial.…