Sevitt
Sevitt v. Del Guercio
Opinion
lead Opinion
Byrne, J.
Bennie Sevitt is an alien, a native and: citizen of Ireland who entered the United. States on March 18,1947, with a visitor’s, visa. He has resided in this country continuously since that time.
After a hearing conducted by a Special' Inquiry Officer of the Immigration and Naturalization Service, Sevitt was found, to be deportable under 8 U.S.C.A. § 1251 (a) (5) 1 for failure to register and no *57 tify the Immigration and Naturalization Service of his address in the United States or to notify them of changes of ■address as required by 8 U.S.C.A. § 1305 . 'Timely application for suspension of deportation was filed and an appeal was taken to the Board of Immigration Appeals, which Board dismissed the appeal •and refused to consider plaintiff’s application for suspension of deportation because it thought it was barred from doing ■so.
Sevitt has exhausted his administrative remedies and here seeks judicial review of the administrative action. 5 U.S. ■C.A. § 1009; 8 U.S.C.A. § 1252 ; Shaugh-nessy v. Pedreiro, 349 U.S. 48 , 75 S.Ct. ■591, 99 L.Ed. 868 .
The plaintiff asserts that there is no reasonable, substantial or probative evidence to support the administrative finding that he…