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UNITED STATES v. SHAUGHNESSY

No. 119, Docket 22530.

200 F.2d 288 (1952)

UNITED STATES ex rel. DOLENZ v. SHAUGHNESSY.

United States Court of Appeals Second Circuit.

Decided December 5, 1952.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., Southern Dist. of New York, New York City, for respondent-appellee, William J. Sexton, Asst. U. S. Atty., New York City, Louis Steinberg, Dist. Counsel, Immigration & Naturalization Service, New York City, Max Blau, Attorney, Immigration & Naturalization Service, New York City, of counsel.

Feingold & Falussy, New York City, for relator-appellant, Alfred Feingold, Aloysius C. Falussy, and Robert Bloom, New York City, of counsel.

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

CHASE, Circuit Judge.

The primary question presented by this appeal is whether a failure by the Commissioner of Immigration and Naturalization, acting as the duly designated delegate of the Attorney General, to find that a deportable alien would be physically persecuted in the country to which he has been deported is a compliance with the applicable law. The subordinate questions are (1) whether the appellant was given a hearing consonant with the requirements of...

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