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UNITED STATES v. KENTON

131 F.Supp. 576 (1955)

UNITED STATES of America ex rel. Cedric Henning BELFRAGE, Petitioner, v. Frank P. KENTON, Warden at Federal Detention Headquarters, and Edward J. Shaughnessy, District Director of Immigration and Naturalization at New York, Respondents.

United States District Court S. D. New York.

June 1, 1955.

Attorney(s) appearing for the Case

Blanch Freedman and Nathan Dambroff, New York City, for petitioner.

J. Edward Lumbard, U. S. Atty. for Southern Dist. of New York, New York City, for respondents. Harold J. Raby and Eliot H. Lumbard, Asst. U. S. Attys., New York City, of counsel.

Lester Friedman, New York City, for Immigration and Naturalization Service.

DAWSON, District Judge.

This is a proceeding for a judicial review of a final administrative order of deportation which has been instituted by a writ of habeas corpus. The petition raises two principal points of law:

(1) May an alien who was first admitted to the United States in 1937 and left the United States in 1944, and was re-admitted to the United States in 1945 as a returning alien resident, be deported upon a finding that petitioner had been a member...

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