LEHMANN v. UNITED STATES

No. 12776.

248 F.2d 519 (1957)

John M. LEHMANN, Officer in Charge, United States Immigration and Naturalization Service, Appellant, v. UNITED STATES of America ex rel. Dominic SCIRIA, Appellee.

United States Court of Appeals Sixth Circuit.

October 14, 1957.


Attorney(s) appearing for the Case

Russell Ake, Asst. U. S. Atty., Cleveland, Ohio, Sumner Canary, U. S. Atty., Cleveland, Ohio, on brief, for appellant.

Henry C. Lavine, Cleveland, Ohio, for appellee.

Before ALLEN, MARTIN and MILLER, Circuit Judges.


PER CURIAM.

In this case, the petition of Dominic Sciria for writ of habeas corpus, challenging the legality of an order of deportation, was granted.

The petitioner-appellee entered the United States as a stowaway and without a passport in July of 1922 and has resided continuously in this country since his unlawful entry. He has been twice convicted and sentenced to penal servitude for two offenses violating, respectively, the law of West Virginia relating...

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