5. Clifford N. McLeod has filed with the United States Department of Justice, Immigration and Naturalization Service, a petition for suspension of deportation on the grounds that his deportation would cause great hardship to his dependent wife and child who are citizens of the United States.
6. Clifford N. McLeod pleaded guilty to the crime of petty larceny in the State of New York on April 27, 1953. He has applied for a pardon to the state of New York, Executive Department, Division of Parole, and the said application for pardon has not been finally adjudicated by that agency.
7. That the United States Department of Justice, Immigration and Naturalization Service, has an outstanding order providing for Clifford N. McLeod's deportation for the reason, amongst others, that Clifford N. McLeod 'admits the commission of a crime involving moral turpitude committed prior to entry, to wit, petty larceny.'
8. On December 9, 1942 a warrant for his arrest was issued under the immigration laws. After several deportation hearings he was ordered deported to Jamaica, British West Indies.
9. In subsequent years the deportation was delayed to permit him to apply for a pardon to the Governor of New York, and to permit him to have introduced private bills in Congress. He was unsuccessful in his endeavor to secure passage of such special legislation. However, the authorities of New York State have never ruled on his application for pardon.
10. Finally, he was ordered to appear on October 19, 1950, at the office of the Immigration and Naturalization Service in Pittsburgh, ready for deportation. He filed a petition for writ of habeas corpus, alleging his father was a citizen. On January 15, 1954 an order was entered, dismissing this petition.
11. As a result of petitioner's request for suspension of deportation on grounds that his deportation would cause great hardship to his dependent wife and child who are citizens of the United States, his deportation was delayed by the Immigration and Naturalization Service to permit him to process his application for a pardon to the authorities of the State of New York, both prior to the issuance of the order of this court of January 15, 1954 as well as subsequent thereto.
12. On January 13, 1955, a request was made to the United States Department of Justice, Immigration and Naturalization Service on behalf of Clifford N. McLeod for a stay of deportation pending final disposition of his application for pardon by the State of New York Executive Department, Division of Parole, and additional stay requested was refused even though application for pardon was never adjudicated.
13. By letter dated March 4, 1955, Clifford N. McLeod was directed to surrender himself to the respondent at his office, 709 Federal Building, Pittsburgh, Pennsylvania, promptly at 10:00 A.M., Tuesday, March 15, 1955, completely ready for deportation to his native country. The relator surrendered himself to the respondent in compliance with that order and was in custody of the respondent prior to and at the time of the hearing.
14. The Attorney General of the United States has refused to stay the deportation of the relator, Clifford N. McLeod, until the State of New York, Executive Department, Division of Parole, has taken final action upon his application for pardon and until the Attorney General has had time to consider whether to grant discretionary relief in view of the final action taken on said pardon.
Conclusions of Law
1. This Court has jurisdiction of the above entitled matter.
2. Clifford N. McLeod entered the United States illegally in 1928 and again in 1942.
3. Clifford N. McLeod is not a citizen of the United States.
4. Clifford N. McLeod is properly deportable under existing laws, as an alien who illegally entered the United States.
5. The act of the Attorney General of the United States in ordering the deportation of Clifford N. McLeod without having determined and adjudicated his application for pardon in the State of New York is capricious and arbitrary.
6. Clifford N. McLeod should be granted a sixty day stay of deportation in order to attempt to obtain a final disposition of the pardon application before the State of New York, Executive Department, Division of Parole, and, if it is adjudicated during that sixty day period, to apply to the Immigration authorities for a reconsideration due to the change of facts and circumstances.
7. A favorable consideration will be given to a further extension of time, if, but only if, the relator, by petition, can demonstrate to the court that he has been unable to obtain a final adjudication of his pardon in the State of New York and of his application to the Immigration authorities for discretionary relief despite the faithful application of both the relator and his counsel to that task.
An appropriate Order is entered.
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