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UNITED STATES EX REL. BRZOVICH v. HOLTON

No. 11267.

222 F.2d 840 (1955)

UNITED STATES of America, ex rel. Matthew BRZOVICH, Petitioner-Appellant, and Matthew Brzovich, Plaintiff-Appellant, v. Ralph D. HOLTON, District Director of Immigration, United States Department of Justice, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

June 1, 1955.

Attorney(s) appearing for the Case

Irving G. Steinberg, Edmund Hatfield, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., Anna R. Lavin, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.

MAJOR, Circuit Judge.

Petitioner, Matthew Brzovich, filed his petition for a writ of habeas corpus to set aside an order of deportation; in the alternative, he petitioned for judicial review under the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq. The District Court discharged the writ of habeas corpus and in the same order denied review under the Administrative Procedure Act. From this order petitioner appeals.

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