Barber

Petitioner is in the custody of respondent pursuant to a warrant and order for deportation to Korea issued November 29, 1951. He applied to the Immigration and Naturalization Service for a stay of the deportation order on the ground that he would be subjected to physical persecution by the existing government of South Korea if deported there. Evidence to support this contention was submitted by petitioner at a hearing conducted by a Hearing Officer of the Immigration Service on January 5, 1952. On January 21, the Commissioner of Immigration and Naturalization found that petitioner would not be subjected to physical persecution in South Korea if deported there. ' Petitioner then presented further evidence to support his claim at a second hearing on February 27. On March 17, the Commissioner of Immigration adhered to his previous finding that petitioner would not be subject to physical persecution in South Korea and ordered respondent to proceed with deportation. Petitioner sought an administrative appeal from the decision of the Commissioner but was informed on April 7, that the decision was not appealable. This petition tor the writ of habeas corpus was filed the next…