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MUSCARDIN v. BROWNELL

Nos. 11757, 12266, 12371.

227 F.2d 31 (1955)

Mario MUSCARDIN, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee. Morris NEMIROFSKY, also known as Morris Newman, Appellant, v. COMMISSIONER OF IMMIGRATION and NATURALIZATION, Appellee. George TASOU, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 13, 1955.

Attorney(s) appearing for the Case

Mr. Jack Wasserman, Washington, D. C., with whom Mr. Jack Hantman, New York City, was on the brief, for appellant Muscardin.

Mr. Isidor Ostroff, Philadelphia, Pa., for appellant Nemirofsky.

Mr. Jacob J. Kilimnik, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court, for appellant Tasou. Mr. William C. Wise, Washington, D. C., also entered an appearance for appellant Tasou.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Albert E. Reitzel, Asst. Gen. Counsel, Immigration and Naturalization Service, were on the briefs, for appellees in Nos. 11757, 12266, and 12371. Mr. Robert L. Toomey, Asst. U. S. Atty., was also on the briefs for appellees in Nos. 12266 and 12371.

Before EDGERTON, WILBUR K. MILLER, and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

In each of these three cases an alien who is not under arrest asks judicial review of an administrative deportation order. The deportation orders were issued before and the complaints for review were filed after the Immigration and Nationality Act of 1952 took effect. 66 Stat. 163, 8 U.S.C.A. § 1101 et seq.

In No. 11757, Muscardin v. Brownell, the District Court denied a preliminary injunction on the ground that it lacked jurisdiction...

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