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IERONIMAKIS v. SPENCE

No. 7634.

257 F.2d 874 (1958)

Michael IERONIMAKIS, Appellant, v. A. SPENCE, a nonresident, individually, and as Master of THE JOHNSTAR and THE SANTHY, E. Lemos, a nonresident, and Record Shipping Company, S.A., Triton Shipping, Inc., Fairview Overseas Freighters, Ltd., I. H. Mathers & Son, Ltd., and C. M. Lemos & Co., Ltd., all foreign corporations or associations, as owners and/or operators of The Liberian Santhy, formerly The Johnstar, Lavino Shipping Co., a foreign corporation or association, individually and as Agents of the above Respondents, and Paul E. Johnson and Duncan Barnes, U. S. Immigration Officers at Norfolk, Virginia, T. A. Espardy, Deputy Regional Commissioner of Immigration at Richmond, Virginia, and Gilbert Zimmerman, U. S. Immigration Service, Richmond, Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 30, 1958.

Attorney(s) appearing for the Case

Burt M. Morewitz, Newport News, Va. (J. L. Morewitz, Newport News, Va., on brief), for appellant.

Harry E. McCoy, Norfolk, Va. (Charles R. Dalton, Jr., and Seawell, Johnston, McCoy & Winston, Norfolk, Va., on brief), for appellees other than Government appellees.

Gilbert Zimmerman, Regional Counsel, Southeast Region Immigration and Naturalization Service, Richmond, Va. (L. S. Parsons, Jr., U. S. Atty., Richmond, Va., and John M. Hollis, Asst. U. S. Atty., Norfolk, Va., on brief), for Government appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and THOMSEN, District Judge.

SOBELOFF, Circuit Judge.

By this appeal an alien seaman suffering from active tuberculosis raises the question whether the Immigration Officer-in-Charge at Norfolk, Virginia, abused his discretion in ordering his return to his native country because a cure could not be effected "within a reasonable time." 8 U.S.C.A. § 1283.1

Michael Ieronimakis, a Greek seaman, arrived at Newport News, Virginia, on September 21, 1957, aboard...

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