PEDREIRO v. SHAUGHNESSY

No. 276, Docket 23091.

213 F.2d 768 (1954)

PEDREIRO v. SHAUGHNESSY, District Director of Immigration and Naturalization.

United States Court of Appeals, Second Circuit.

Decided July 1, 1954.


Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City (Aaron L. Danzig, New York City, of counsel), for petitioner-appellant.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of New York, New York City (Philip M. Drake, New Rochelle, N. Y., and Lester Friedman, New York City, of counsel), for respondent-appellee.

Before CLARK, FRANK and MEDINA, Circuit Judges.


MEDINA, Circuit Judge.

This is an action by a deportee for a declaratory judgment and injunctive relief under the Administrative Procedure Act, § 10, 60 Stat. 243, 5 U.S.C.A. § 1009. Petitioner having exhausted his administrative remedies seeks a review of the proceedings resulting in a final order of deportation, claiming that his constitutional rights have been violated in that "the evidence adduced * * * was in contravention of * * * the Fifth Amendment...

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