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UNITED STATES v. LEHMANN

Civ. A. No. 31731.

136 F.Supp. 458 (1955)

UNITED STATES of America, ex rel. Dominic SCIRIA, Relator, v. John H. LEHMANN, Officer in Charge, U. S. Immigration and Naturalization Service, Respondent.

United States District Court N. D. Ohio, E. D.

October 7, 1955.

Attorney(s) appearing for the Case

Henry C. Lavine, Cleveland, Ohio, for plaintiff.

Sumner Canary, U. S. Atty., Cleveland, Ohio, for defendant.

McNAMEE, District Judge.

The petitioner, Dominic Sciria, an alien who has been ordered deported, challenges the legality of the order of deportation in his petition for writ of habeas corpus.

The issue presented is whether the status of non-deportability that the petitioner enjoyed prior to the effective date of the Immigration and Naturalization Law of 1952, 8 U.S.C.A. § 1101 et seq., is preserved to him...

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