Dessalernos v. SavorettiAnnotate this Case
356 U.S. 269 (1958)
U.S. Supreme Court
Dessalernos v. Savoretti, 356 U.S. 269 (1958)
Dessalernos v. Savoretti
Argued April 3, 1958
Decided April 14, 1958
356 U.S. 269
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
In the circumstances of this case, petitioner was entitled to have his application for suspension of deportation considered under § 244(a)(1) of the Immigration and Nationality Act of 1952.
244 F.2d 178, judgment vacated, and cause remanded to District Court with direction.
It was stipulated by the parties in the District Court that the sole question for decision is whether petitioner is entitled to have his application for suspension of deportation considered under § 244(a)(1) of the Immigration and Nationality Act of 1952 (66 Stat. 163, 214; 8 U.S.C. § 1254(a)(1)). We hold that petitioner is so entitled. The judgment of the Court of Appeals (244 F.2d 178) is therefore vacated, and the cause is remanded to the District Court with directions to enter an appropriate judgment declaring that petitioner is entitled to have his application for suspension of deportation considered by the United States Immigration and Naturalization Service under § 244(a)(1).
MR. JUSTICE HARLAN, whom MR. JUSTICE CLARK joins, would dismiss the writ for lack of jurisdiction. In his
view, the record fails to disclose a justiciable case or controversy, because (1) the undisturbed administrative finding that petitioner "does not meet the requirement that his deportation [would] result in exceptional and extremely unusual hardship to himself" establishes that petitioner is not entitled to suspension of deportation under either subdivision (a)(1) or (a)(5) of § 244 of the Immigration and Nationality Act of 1952; and (2) the parties' stipulation in the District Court is ineffective to confer jurisdiction on this Court to decide the question sought to be presented. See Swift & Co. v. Hocking Valley R. Co.,243 U. S. 281, 243 U. S. 289; Aetna Life Ins. Co. of Hartford, Conn. v. Haworth,300 U. S. 227, 300 U. S. 240
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