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UNITED STATES EX REL. WATTS v. SHAUGHNESSY

No. 277, Docket 22728.

206 F.2d 616 (1953)

UNITED STATES ex rel. WATTS v. SHAUGHNESSY.

United States Court of Appeals Second Circuit.

Decided August 18, 1953.

Attorney(s) appearing for the Case

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

Rachlin & Migdal, New York City, for relator-appellant. Carl Rachlin, New York City, of counsel.

Before CHASE, CLARK and FRANK, Circuit Judges.

PER CURIAM.

This is an appeal from the dismissal of a writ of habeas corpus granted in behalf of Alexander Pavlovich, an alien born in Yugoslavia, who has been ordered deported to that country. The validity of that order is not questioned. The issue before us is whether, when he applied to the Attorney General for a stay of deportation pursuant to Section 243(b) of the Immigration and Nationality Act, 8 U.S.C.A. § 1253(b), on the ground that he would be physically...

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