CUSHMAN, District Judge (after stating the facts as above).
It has been contended that because of the right of appeal from the judgment of Judge Neterer that this proceeding is unauthorized. In the opinion of Judge Neterer (part of Defendant's Exhibit 1) he states:
"The commissioner did not have jurisdiction of the defendant, and the proceeding must be dismissed. This does not preclude deportation proceedings properly initiated. * * *"
Therefore appellant...
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