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UNITED STATES v. SHAUGHNESSY

No. 187, Docket 23413.

221 F.2d 578 (1955)

UNITED STATES of America ex rel. Dimitrios Georges ZACHARIAS, Relator-Appellant, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization Service, Port of New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 13, 1955.

Attorney(s) appearing for the Case

Jay Nicholas Long, New York City, for relator-appellant.

Harold J. Raby, Asst. U. S. Atty. for Southern Dist. of N. Y., New York City (J. Edward Lumbard, U. S. Atty., Maurice N. Nessen, Asst. U. S. Atty., and Lester Friedman, Atty., Immigration & Naturalization Service, U. S. Dept. of Justice, New York City, on the brief), for respondent-appellee.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and SMITH, District Judge.

CLARK, Chief Judge.

The main issue on this appeal is the eligibility for voluntary departure under 8 U.S.C. § 1254(e) of a concededly deportable alien seaman. Both the Board of Immigration Appeals and the district court have denied this privilege as a matter of law because of relator Zacharias' lack of the good moral character requisite under the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101(f) (2). Zacharias admitted having sexual relations with...

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