HOLZAPFEL v. WYRSCH

Civ. A. No. 1160-57.

157 F.Supp. 43 (1957)

Franz Xavier HOLZAPFEL, Plaintiff, v. W. J. WYRSCH, Acting District Director Immigration and Naturalization Service and William P. Rogers, Attorney General of the United States, Defendants.

United States District Court D. New Jersey.

December 11, 1957.


Attorney(s) appearing for the Case

Harold L. Weiss, Paterson, N. J., Louis E. Janofsky, Passaic, N. J., for plaintiff.

Chester A. Weidenburner, U. S. Atty., Newark, N. J., Herman Scott, Asst. U. S. Atty., Newark, N. J., for defendants.


WORTENDYKE, District Judge.

This twenty-one year old plaintiff, an alien resident of the United States, seeks a declaratory judgment under 28 U.S. C. § 2201 that an order for his deportation is illegal, and for temporary and permanent injunctive relief against its enforcement. The review of the deportation proceedings is justified under 5 U.S. C.A. § 1001 et seq.

The complaint alleges the exhaustion of other remedies by appeal from the order of finding...

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