UNITED STATES v. WATKINS

No. 120, Docket 20817.

165 F.2d 1017 (1948)

UNITED STATES ex rel. LAPIDES v. WATKINS.

Circuit Court of Appeals, Second Circuit.

February 6, 1948.


Attorney(s) appearing for the Case

William B. Gurock, of New York City, for relator-appellant.

John F. X. McGohey, U. S. Atty., of New York City (Harold J. Raby, Asst. U. S. Atty., of New York City, of counsel), for respondent-appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.


CHASE, Circuit Judge.

This appeal presents questions as to the correct procedure for determining the admissibility of one who seeks to enter the United States not as an alien but as an American citizen. The appellant asserts that under such circumstances the applicant for admission may not be detained at the border by the immigration authorities but must be admitted pending the determination in appropriate judicial proceedings of his right to enter as a citizen.<...

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