Stefano Sovich v. P. A. Esperdy, District Director, Immigration and Naturalization Service

Appellant, Stefano Sovich, brought a declaratory judgment action in the district court, seeking an order declaring “arbitrary and capricious” the Attorney General’s refusal to stay his deportation *31to Yugoslavia on the claim of physical persecution pursuant to Section 243(h) of the Immigration and Nationality Act (8 U.S.C. § 1253(h)). The trial court granted the cross-motion by defendant District Director of the Immigration and Naturalization Service for summary judgment. Sovich appeals.

In addition to the facts stated in the majority opinion, the record of the hearing before the Special…