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UNITED STATES v. SHAUGHNESSY

No. 105, Docket 23206.

219 F.2d 249 (1955)

UNITED STATES of America, ex rel. Daniel VENTURA, Relator-Appellant, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization, his subordinates and agents, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 31, 1955.

Attorney(s) appearing for the Case

Caputi & Caputi, New York City, for appellant; Robert R. Caputi, Brooklyn, N. Y., and Sebastian P. Caputi, New York City, of counsel.

J. Edward Lumbard, U. S. Atty., New York City, for appellees; Harold R. Tyler, Jr., Asst. U. S. Atty., New York City, and Lester Friedman, Atty., Immigration and Naturalization Service, Department of Justice, Brooklyn, N. Y., of counsel.

Before SWAN and MEDINA, Circuit Judges, and DIMOCK, District Judge.

SWAN, Circuit Judge.

This is an appeal from the dismissal of a writ of habeas corpus whereby the relator sought discharge from custody under an administrative warrant of deportation issued February 10, 1954. The relator is an alien of Portuguese nationality who came to the United States as a stowaway and surreptitiously entered the country without inspection and without an immigration visa on March 20, 1951. He concedes that...

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