CAETANO v. SHAUGHNESSY


133 F.Supp. 211 (1955)

Matter of the Petition for Review on behalf of Jose Zurrapa CAETANO or Jose Caetano Zurrapa, Petitioner, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization of the District of New York, Respondent.

United States District Court S. D. New York.

July 29, 1955.


Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City, Aaron L. Danzig, New York City, of counsel, for petitioner.

J. Edward Lumbard, U. S. Atty., New York City, Eliot H. Lumbard and Lester Friedman, New York City, of counsel, for respondent.


BICKS, District Judge.

On the ground that after admission to the United States as a visitor for pleasure petitioner failed to comply with the conditions of such status, the Immigration and Naturalization Service ordered his deportation. Petitioner thereupon instituted this proceeding to review said determination. The respondent then moved to dismiss the proceeding pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. The parties have submitted affidavits...

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