UNITED STATES v. SHAUGHNESSY

No. 243, Docket 21691.

183 F.2d 371 (1950)

UNITED STATES ex rel. ADEL v. SHAUGHNESSY, District Director of Immigration and Naturalization.

United States Court of Appeals Second Circuit.

Decided June 26, 1950.


Attorney(s) appearing for the Case

Vincent J. Cuti, New York City, for appellant.

Irving H. Saypol, New York City (William J. Sexton, New York City, of counsel) Louis Steinberg, New York City, District Counsel, Immigration & Naturalization Service, Lester Friedman, New York City, Attorney, Immigration & Naturalization Service, of counsel, for appellee.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.


FRANK, Circuit Judge.

We agree with this statement of the district judge: "As I read the record, relator's applications were refused not because the Board had no power to grant the application, nor because it found that relator had not proved good moral character for five years previous, nor because she failed to prove seven years' residence in the United States * * * In other words, the Board, while admitting that relator was qualified to ask for the relief, exercised...

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