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UNITED STATES v. THOMPSON

No. 203, Docket 21932.

188 F.2d 244 (1951)

UNITED STATES ex rel. RUSSO v. THOMPSON, Warden, et al.

United States Court of Appeals Second Circuit.

Decided April 2, 1951.

Writ of Certiorari Denied June 4, 1951.

Attorney(s) appearing for the Case

Frederick P. Warne, and Cahill, Gordon, Zachry & Reindel, New York City, for appellant.

Frank A. Russo argued pro se.

Irvin H. Saypol, U. S. Atty., New York City.

William Sexton, New York City, argued, Lester Friedman, New York City, Atty. Immigration and Naturalization Service, U. S. Department of Justice, of counsel, for appellees.

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

Writ of Certiorari Denied June 4, 1951. See 71 S.Ct. 1005.

PER CURIAM.

The relator appeals from an order, dismissing a writ of habeas corpus, to enlarge him pending the decision of the Commissioner of Naturalization as to whether he shall be excluded as an alien. The writ was obviously premature so far as it sought a definitive release of the relator from custody, because the final decision to exclude him had not yet been made. United States ex rel. Zdunic...

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