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UNITED STATES v. SHAUGHNESSY

No. 288, Docket 22747.

206 F.2d 238 (1953)

UNITED STATES ex rel. BOJARCHUK v. SHAUGHNESSY, District Director of Immigration and Naturalization Service.

United States Court of Appeals Second Circuit.

Decided August 7, 1953.

Attorney(s) appearing for the Case

J. Edward Lumbard, Jr., U. S. Atty., New York City, for respondent-appellant. William J. Sexton, Asst. U. S. Atty., Lester Friedman, Atty., United States Department of Justice, Immigration and Naturalization Service, New York City, of counsel.

Blanch Freedman, New York City, Attorney for relator-appellee.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and CHASE, Circuit Judges.

CHASE, Circuit Judge.

Taras Bojarchuk, a native of Poland, first entered the United States as a seaman on shore leave and at various times since then he has so entered. His last arrival was at the port of New York on the American ship Talamanca of the United Fruit Company on whose vessels he had continuously been in service as a refrigerating engineer for at least five years. He was not given shore leave and apparently had no visa of the kind on which shore leave...

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