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HOLZAPFEL v. WYRSCH

No. 12587.

259 F.2d 890 (1958)

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

United States Court of Appeals Third Circuit.

Decided October 9, 1958.

Attorney(s) appearing for the Case

Herman Scott, Asst. U. S. Atty., Newark, N. J. (Chester A. Weidenburner, U. S. Atty., Newark, N. J., on the brief), for appellants.

Harold L. Weiss, Paterson, N. J., for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

STALEY, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of New Jersey setting aside an order for the deportation of the appellee.

The relevant facts are undisputed. Appellee is a 21-year-old German alien who last entered the United States in June or July 1953. On February 27, 1957, he was convicted of the offense of open lewdness in the County Court of Passaic County, New Jersey. Pursuant to the New Jersey Sex Offenders...

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