No. 82 Civ. 7779(DNE). December 30, 1982. Charles Aronowitz, New York City, of counsel, for plaintiff. John S. Martin, Jr., U.S. Atty., S.D.N.Y., Thomas E. Moseley, Sp. Asst. U.S. Atty., of counsel, for defendant. MEMORANDUM OPINION AND ORDER EDELSTEIN, District Judge: Plaintiff, Mohamad Homaun Walai ("Walai") is a citizen of Afghanistan who left that country in early 1981 and went to Pakistan where he lived for fourteen months. Walai arrived in the United States from Pakistan on March 6, 1982 with