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FLORENTINE v. LANDON

No. 13730.

206 F.2d 870 (1953)

FLORENTINE v. LANDON, District Director of Immigration and Naturalization.

United States Court of Appeals Ninth Circuit.

August 27, 1953.

Attorney(s) appearing for the Case

David C. Marcus, Los Angeles, Cal., for appellant.

Walter S. Binns, U. S. Atty., Los Angeles, Cal., Clyde C. Downing, Asst. U. S. Atty., Chief, Civil Division, Max F. Deutz, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and ORR, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from an order of the United States District Court for the Southern District of California, discharging a writ of habeas corpus.

The question raised by this appeal is whether one who is claiming to be a United States citizen must first exhaust his administrative remedies in deportation proceedings before the question of citizenship may be raised by habeas corpus.

The allegations of the pleadings reveal that Florentine...

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