APPLICATION OF BARNES

Nos. 20, 21, 76, Dockets 23081, 23082, 23172.

219 F.2d 137 (1955)

Application of Harold E. BARNES, Officer in Charge of Immigration and Naturalization Service, for process to enforce subpoena as to Salvatore FALCONE. Application of Harold E. BARNES, Officer in Charge of Immigration and Naturalization Service, for process to enforce subpoena as to Joseph FALCONE. Edward J. SHAUGHNESSY, as District Director, Immigration and Naturalization Service, New York District, Petitioner-Appellant, v. John ODDO, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 10, 1955.


Attorney(s) appearing for the Case

Theodore F. Bowes, U. S. Atty. for Northern Dist. of New York, Syracuse, N. Y. (Charles J. Miller, Asst. U. S. Attorney, Syracuse, N. Y., of counsel; Herman I. Branse, Acting Dist. Counsel, Immigration and Naturalization Service, Buffalo, N. Y., on the brief), for applicant-appellant Harold E. Barnes.

Anthony S. Falcone, Utica, N. Y., for respondents-appellees Salvatore Falcone and Joseph Falcone.

J. Edward Lumbard, U. S. Atty. for Southern Dist. of New York, New York City (Harold J. Raby, Asst. U. S. Atty., and Lester Friedman, Atty., Immigration and Naturalization Service, New York City, of counsel, for petitioner-appellant Edward J. Shaughnessy.

Kaufman & Edelbaum, New York City (Maurice Edelbaum and Seymour Teitelbaum, New York City, of counsel), for appellee John Oddo.

Before CHASE, MEDINA and HINCKS, Circuit Judges.


MEDINA, Circuit Judge.

The sole question raised by these two appeals is whether Section 235(a)1 of the Immigration and Nationality Act of 1952 (the McCarran-Walter Act), 66 Stat. 163, 198-9, 8 U.S.C.A. § 1225(a), authorizes an officer of the Immigration and Naturalization Service to issue a subpoena requiring a naturalized citizen to testify, in an effort to determine if "good cause" exists...

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