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CAIOZZO v. DISTRICT DIRECTOR OF IMMIGRATION, ETC.

158 F.Supp. 872 (1958)

Petition for Judicial Review of Camillo CAIOZZO, Petitioner, v. DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION for the DISTRICT of NEW YORK and all others acting for, with and under him, Respondent.

United States District Court S. D. New York.

February 14, 1958.

Attorney(s) appearing for the Case

Peter G. Giambalvo, Brooklyn, N. Y., for petitioner.

Paul W. Williams, U. S. Atty., Southern District of New York, New York City, for respondent. Roy Babitt, Special Asst. U. S. Atty., New York City, of counsel.

DAWSON, District Judge.

This is a motion by petitioner for a temporary injunction to restrain execution of a deportation order. Respondent has cross-moved under Rule 56 of the Rules of Civil Procedure, 28 U.S.C.A., for summary judgment dismissing the complaint.

Petitioner, a native of Italy, admittedly entered the United States illegally on May 8, 1950, by walking across the Texas border without inspection and...

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