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UNITED STATES v. NEELLY

No. 10711.

202 F.2d 289 (1953)

UNITED STATES ex rel. CIANNAMEA v. NEELLY.

United States Court of Appeals Seventh Circuit.

February 18, 1953.

Attorney(s) appearing for the Case

Dante J. Taddeucci, Chicago, Ill., Henry S. Romano, Chicago, Ill., of counsel, for appellant.

Otto Kerner, Jr., U. S. Atty., and Anthony Scariano, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Atty., and John M. McWhorter, Acting District Counsel Immigration and Naturalization Service, Chicago, Ill., for appellee.

Before DUFFY, LINDLEY and SWAIM, Circuit Judges.

DUFFY, Circuit Judge.

Relator, detained under a warrant of deportation issued December 20, 1950, filed a petition in the district court for a writ of habeas corpus. After a hearing thereon on May 9, 1952, the court entered a judgment discharging the writ, dismissing the petition, and remanding relator to custody. Relator appeals.

There is no dispute that relator made an illegal entry into the United States on June 21, 1947. He was listed as a seaman on the...

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