Ivan Mrvica v. P. A. Esperdy, District Director, Immigration & Naturalization Service

J. JOSEPH SMITH, Circuit Judge.

Plaintiff, a native of what is now Yugoslavia, entered the United States as a non-immigrant crewman Januai^y 21, 1940 and resided continuously in the United States thereafter, except for the period from September 4,1942 to October 6,1942 when he was on a South American voyage in a Yugoslav vessel as a seaman, under order of deportation, with a permit for temporary re-entry as a seaman under the Ninth Proviso of Section 3 of the Act of February 5, 1917. 1 He was again ordered deported in 1952 and presently remains here under an administrative stay pending…