Thus the issue of the political nature of the charges has been remanded to the District Court with instructions to rule thereon. Briefing on this issue has been completed this spring and the matter is ready for hearing. As the basis of past administrative refusal to grant Artukovic discretionary relief under the immigration laws is found in the as yet unsustained charges in the extradition proceeding. and if Artukovic should be freed by the Federal courts of such charges by dismissal of the extradition complaint. it would seem that such action by the court would form a proper basis for legislative relief of his residence status. On the other hand. if the court shall find the extradition charges sustained by the evidence. then Artukovic would be held for extradition to Yugoslavia and no action of the Congress on his residence status would be necessary. Artukovics counsel repeatedly suggested to the Immigration and Naturalization Service that hearings in deportation proceedings should be postponed until the courts finally acted. representing that the Service. if it acted unfavorably upon Artukovics requests for discretionary relief. would be acting upon basis of accusations which had not been sustained by conviction. in effect. would be judging a man guilty before convictiona complete reversal of the American principles of justice which had consistently theretofore held that an accused person is innocent until proved guilty. In view of the prejudice reflected by premature administrative actions ordering him deported upon basis of accusations not yet weighed by the court. Artukovic feels justifiably that he can expect no just treatment administratively. He has asked Congress to hold in abeyance an action upon the bill in his favor until the courts render final judgment upon his extradition case.
Keywords matched
Immigration Naturalization immigration deported deportation