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COUTO v. SHAUGHNESSY

No. 146, Docket 23319.

218 F.2d 758 (1955)

In the Matter of the Petition for Review of Jose Marques COUTO, Petitioner-Appellant, v. Edward J. SHAUGHNESSY, as District Director of Immigration and Naturalization for the District of New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 20, 1955.

Attorney(s) appearing for the Case

Nemeroff, Jelline, Danzig & Paley, New York City, Aaron L. Danzig, New York City, of counsel, for appellant.

J. Edward Lumbard, U. S. Atty., New York City, Harold R. Tyler, Jr., Asst. U. S. Atty., and Lester Friedman, Attorney, Immigration and Naturalization Service, New York City, of counsel, for appellee.

Before SWAN, FRANK and HINCKS, Circuit Judges.

SWAN, Circuit Judge.

The appellant is an alien seaman, a native of Portugal, who was granted shore leave for 29 days when his vessel arrived at a United States port on February 24, 1953. Thereafter he deserted his vessel and has continued to reside here in violation of the immigration laws. Deportation proceedings were instituted on April 23, 1954 and he had a hearing, at which he was represented by counsel of his own choosing, before a special inquiry officer, who...

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