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UNITED STATES v. McGRATH

No. 192, Docket 21616.

181 F.2d 839 (1950)

UNITED STATES ex rel. KNAUFF v. McGRATH, Attorney General, et al.

United States Court of Appeals Second Circuit.

Decided March 28, 1950.

Attorney(s) appearing for the Case

Gunther Jacobson, New York City, for relator-appellant.

Irving H. Saypol, New York City (David McKibbin and William J. Sexton, New York City, of counsel; Louis Steinberg and Lester Friedman, Immigration and Naturalization Service, New York City), for respondents-appellees.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Respondents in their brief concede that the applicable statutory provision is 8 U.S.C.A. § 154 which provides: "All aliens brought to this country in violation of law shall be immediately sent back * * * to the country whence they respectively came, on the vessels bringing them, unless in the opinion of the Attorney General immediate deportation is not practicable or proper." That "deportation" in that context includes "exclusion" seems...

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