Costas Tsimounis v. J. W. Holland, District Director, Immigration and Naturalization Service

Appellant, an alien seaman, filed a complaint in the district court seeking review of an order of the Department of Justice, Immigration and Naturalization Service, to deport him. A temporary restraining order was issued and the Government moved for summary judgment. The application for injunction and the Government’s motion were combined for hearing at which time appellant testified. Following that testimony his counsel advised the court he would "‘[r]est on the record as presented to the Immigration authorities plus what the plaintiff testified to today.” What actually took place was in…