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TRILIVAS v. BROWNELL

No. 12373.

227 F.2d 37 (1955)

Constantinos Makris TRILIVAS, 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. Joseph J. Lyman, Washington, D. C., for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., George E. Hamilton, III, Asst. U. S. Atty., and Albert E. Reitzel, Asst. Gen. Counsel, Immigration and Naturalization Service, were on the brief, for appellee.

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

EDGERTON, Circuit Judge.

Appellant entered the United States lawfully as a seaman in 1948 and has been here ever since. In 1954 he filed his complaint for a declaratory judgment and for review under the Administrative Procedure Act [5 U.S.C.A. § 1001 et seq.] of the Attorney General's refusal to suspend a deportation order. The complaint alleges that the Attorney General failed to exercise the discretion vested in him by law. It alleges that deportation would...

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