UNITED STATES v. SHAUGHNESSY

No. 260, Docket 22374.

197 F.2d 65 (1952)

UNITED STATES ex rel. CATALANO v. SHAUGHNESSY, District Director of Immigration & Naturalization for District of New York.

United States Court of Appeals Second Circuit.

Decided May 27, 1952.


Attorney(s) appearing for the Case

Nathan Elkin, Brooklyn, N. Y., for appellant, George H. Hamilton, of counsel.

Myles J. Lane, U. S. Atty., New York City, for appellee; William J. Sexton, Asst. U. S. Atty., and Lester Friedman, Atty., Immigration and Naturalization Service, New York City, of counsel.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit Judges.


PER CURIAM.

This case is before us upon the petition for the writ, the return thereto and the administrative record submitted with the return. As no traverse was filed and no evidence offered to contradict the allegations of the return, they must be accepted as true. 28 U.S.C.A. § 2248. From the facts recited in the return it is clear beyond question that the relator is deportable. He is an alien of Italian citizenship who first entered the United States in 1930...

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