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SAMANIEGO v. BROWNELL

No. 14722.

212 F.2d 891 (1954)

SAMANIEGO v. BROWNELL et al.

United States Court of Appeals Fifth Circuit.

May 6, 1954.

Attorney(s) appearing for the Case

John Noyola, Laredo, Tex., for appellant.

J. Lev Hunt, Asst. U. S. Atty., Brian S. Odem, U. S. Atty., Houston, Tex., for appellee.

Before HOLMES, RUSSELL and RIVES, Circuit Judges.

RUSSELL, Circuit Judge.

This appeal is from a final judgment dismissing appellant's petition for the writ of habeas corpus by which he sought to be admitted to the United States for the limited purpose of prosecuting his claim to United States citizenship. The district court, following its decision in Avina v. Brownell, D.C., 112 F.Supp. 15, dismissed the petition as being prematurely filed.

The allegations of the petition...

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