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FITZGERALD v. LANDON

No. 5163.

238 F.2d 864 (1956)

James E. FITZGERALD ex rel. Lorenzo MICELI, Petitioner, Appellant, v. H. R. LANDON, District Director, United States Immigration and Naturalization Service, Respondent, Appellee.

United States Court of Appeals First Circuit.

December 17, 1956.

Attorney(s) appearing for the Case

James E. Fitzgerald, Boston, Mass., for appellant.

George H. Lewald, Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., and Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., were on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

The present appeal is from an order of the district court dismissing a petition for a writ of habeas corpus in a deportation case. It may be wondered how appellant could have expected the district court to rule other than it did on the very meager record in this case.

In the petition filed by appellant on behalf of the alien Lorenzo Miceli it was alleged that Miceli was being unlawfully restrained of his liberty by the defendant as District...

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