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attorneystatutedeportationappellant

Related Cases

Sovich v. Esperdy

Facts

Stefano Sovich was born in 1925 in the City of Cres, on the Istrian Peninsula, which was then part of Italy and is now part of Yugoslavia. After escaping from Yugoslavia in 1956, he fled to Italy and later entered the United States as a non-immigrant crewman. After overstaying his authorized period, he was ordered deported to Yugoslavia. Sovich applied for a stay of deportation, claiming he would face physical persecution if returned, but his application was denied based on the interpretation that imprisonment for illegal departure did not constitute physical persecution.

Stefano Sovich was born in 1925 in the City of Cres, on the Istrian Peninsula. The territory was then in Italy and now is part of [**2] Yugoslavia. In 1956, Sovich, after several unsuccessful attempts, escaped from Yugoslavia and fled to Italy, where he was received as a refugee and where he remained for one year. In 1957 he found employment on a Panamanian vessel and, on October 12, 1958, entered the United States as a non-immigrant crewman for a 29-day period of shore leave.

Issue

Whether the Attorney General, through his delegate, correctly interpreted the statutory standard in ruling that appellant would not be subject to 'physical persecution' were he deported to Yugoslavia.

The primary question presented is whether the Attorney General, through his delegate, the Regional Commissioner of the I.N.S., correctly interpreted the statutory standard in ruling that appellant would not be subject to 'physical persecution' were he deported to Yugoslavia.

Rule

The Attorney General is authorized to withhold deportation of any alien within the United States if, in his opinion, the alien would be subject to physical persecution in their native country.

'The Attorney General is authorized to withhold deportation of any alien within the United States [**3] to any country in which in his opinion the alien would be subject to physical persecution and for such period of time as he deems to be necessary for such reason.'

Analysis

The court found that the Attorney General's interpretation of physical persecution was too narrow. It held that the potential for long-term imprisonment for illegal departure from Yugoslavia could indeed constitute physical persecution under the statute, as it could lead to severe consequences for the appellant due to his political beliefs.

Conclusion

The judgment was reversed and the case was remanded with instructions to issue a stay of deportation, allowing the appellant to renew his application for relief.

The judgment was reversed and the cause was remanded with instructions that a stay of deportation be issued to remain in effect until appellant shall have been given the opportunity to renew his application for relief to Attorney General after the Attorney General, through his delegate, was found to have erroneously construed the limits of his discretion in ruling that imprisonment for illegal departure may never constitute physical persecution.

Who won?

Appellant, Stefano Sovich, prevailed because the court found that the Attorney General had erroneously construed the limits of his discretion regarding what constitutes physical persecution.

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