UNITED STATES v. SHAUGHNESSY

No. 272, Docket 22708.

206 F.2d 142 (1953)

UNITED STATES ex rel. CUEVAS DIAZ v. SHAUGHNESSY, District Director of Immigration and Naturalization at the Port of New York.

United States Court of Appeals Second Circuit.

Decided July 15, 1953.


Attorney(s) appearing for the Case

Herman Englander, New York City (Englander & Englander, New York City, on the brief), for appellant.

William J. Sexton, Asst. U. S. Atty., New York City (J. Edward Lumbard, U. S. Atty., and Lester Friedman, Atty., Immigration and Naturalization Service, U. S. Dept. of Justice, both of New York City, on the brief), for appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.


CLARK, Circuit Judge.

The relator, a native and national of Spain, has been ordered deported as a seaman who outstayed his shore leave of not to exceed 29 days granted him on May 31, 1949, while his ship was in port and is now in this country illegally. He first entered the country as a deserting seaman on August 3, 1944. As a result of proceedings at that time he was permitted to depart voluntarily and did depart on June 20, 1946. Since he has no legal defense to...

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