Sharaiha

This action, brought pursuant to section 10 of the Administrative Procedure Act of 1946 1 seeks review of an order of deportation and an administrative denial of voluntary departure.

Plaintiff entered this country as a student in February, 1952, under section 4(e) of the Immigration Act of 1924. 2 In August, 1955, having failed to take examinations in the spring semester of 1955, he was disqualified from further enrollment for class work.

At his deportation hearing in July, 1957, he applied for the privilege of voluntary departure, pursuant to section 244(e) of the Immigration and Nationality Act of 1952, 3 which provides: “(e) The Attorney General may, in his discretion, permit any alien under deportation proceedings * * * to depart voluntarily from the United States at his own expense in lieu of deportation if such alien shall establish to the satisfaction of the Attorney General that he is, and has been, a person of good moral character for at least five years immediately preceding his application for voluntary departure under this subsection.” (Emphasis added.) He was found statutorily ineligible for such relief, his application was denied, and he was ordered deported.

The…