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ESTEVEZ v. BROWNELL

No. 12417.

227 F.2d 38 (1955)

Jose Bernardo ESTEVEZ, 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. Max Zelden, New Orleans, La., of the bar of the Supreme Court of Louisiana, pro hac vice, by special leave of Court, with whom Messrs. E. L. Koepenick, Jr., and John C. Dougherty, Washington, D. C., were on the brief, for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Robert L. Toomey, Asst. U. S. Atty., and Albert L. 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's complaint, filed in 1954, says he is a native and citizen of Honduras, last arrived in the United States in 1953, and was ordered excluded under § 212(a) (22) of the Immigration and Nationality Act of 1952, 66 Stat. 184, 8 U.S.C.A. § 1182(a) (22), on the ground that he had previously left the United States to avoid military service. He contends that the necessary intent was not shown and that the exclusion proceedings...

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