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UNITED STATES v. SHAUGHNESSY

No. 132, Docket 21882.

186 F.2d 580 (1951)

UNITED STATES ex rel. JANKOWSKI v. SHAUGHNESSY.

United States Court of Appeals Second Circuit.

Decided January 29, 1951.

Attorney(s) appearing for the Case

Carol King and Blanch Freedman, New York City, for relator-appellant.

Irving H. Saypol, New York City (William J. Sexton, Asst. U. S. Atty., Louis Steinberg, Immigration and Naturalization Service, and Lester Friedman, Immigration and Naturalization Service, all of New York City, of counsel), for respondent-appellee.

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

FRANK, Circuit Judge.

1. Under Executive Order No. 8766, June 3, 1941, Part II(1),1 and Regulations 8 C.F.R. 175.42 and 176.201, appellant could lawfully have entered the United States for permanent residence only if he then possessed a "valid" visa. A visa obtained by fraud or misrepresentation of a material fact is not a valid visa.2

At the deportation hearings...

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