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PAGANO v. BROWNELL

No. 12130.

227 F.2d 36 (1955)

Vincenzo PAGANO, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided October 13, 1955.

Attorney(s) appearing for the Case

Mr. James W. Kelleher, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of Court, with whom Mr. Dean B. Lewis, Washington, D. C., was on the brief, for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., William F. Becker, Asst. U. S. Atty., and Albert E. Reitzel, Asst. Gen. Counsel, Immigration and Naturalization Service, were on the brief, for appellees.

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

EDGERTON, Circuit Judge.

Appellant's complaint, filed in 1953, asserts the following facts. Appellant applied for suspension of deportation in 1948. In May 1952 a hearing officer of the Immigration and Naturalization Service found that in 1922, in Italy, appellant had committed a crime involving moral turpitude, and ordered him deported. In May 1953 the Board of Immigration Appeals ordered that the "order and warrant of deportation be withdrawn and that the alien...

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