Floriana Vardjan v. P. A. Esperdy, as District Director of the New York District of the Immigration and Naturalization Service

Plaintiff, a native of Yugoslavia, entered this country lawfully in 1957. Having stayed beyond the time permitted by law, she was ordered deported under a warrant of deportation dated October 18, 1960, and no appeal has been taken from this order. Prior to the issuance of the warrant, plaintiff applied for withholding of deportation pursuant to § 243(h) of the Immigration and Nationality Act, 8 U.S.C. § 1253(h), claiming that if returned to Yugoslavia she would be subjected to physical persecution. At a hearing held before a Special Inquiry Officer plaintiff refused to offer evidence relevant…