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QUINTANA v. HOLLAND

No. 12427.

255 F.2d 161 (1958)

Benito QUINTANA, Appellant, v. J. W. HOLLAND, District Director, Immigration & Naturalization Service, Philadelphia, Pa.

United States Court of Appeals Third Circuit.

Decided May 23, 1958.

Attorney(s) appearing for the Case

John B. Brumbelow, Philadelphia, Pa. (Marvin Comisky, Wollman, Tracey, Schlesinger & Salus, Philadelphia, Pa., on the brief), for appellant.

Norman C. Henss, Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Harry A. Takiff, Philadelphia, Pa., Rowland Watts, of Md. Bar Staff Counsel, American Civil Liberties Union, Julian E. Goldberg, Counsel, American Civil Liberties Union, Greater Philadelphia Branch, Philadelphia, Pa., on the brief, for amicus curiæ.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This case involves the rules concerning suspension of deportation for aliens and the rescission thereof. Plaintiff Quintana sought a declaratory judgment that the rescission of suspension of deportation as to him was void and that he was entitled to the status of an alien lawfully admitted for permanent residence. The district court entered summary judgment against the plaintiff, D.C.E.D.Pa.1957, 154 F.Supp. 640

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