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ANSELMO v. HARDIN

No. 12259.

253 F.2d 165 (1958)

Vincenzo ANSELMO, Appellant, v. H. L. HARDIN, District Director of Immigration and Naturalization for the 21st Immigration District.

United States Court of Appeals Third Circuit.

Decided February 25, 1958.

Attorney(s) appearing for the Case

Filindo B. Masino, Philadelphia, Pa. (Frank M. Lario, Camden, N. J., on the brief), for appellant.

Charles H. Nugent, Asst. U. S. Atty., Newark, N. J. (Chester A. Weidenburner, U. S. Atty., Newark, N. J., on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

KALODNER, Circuit Judge.

Does the doctrine of res judicata apply with respect to a judgment of a United States district court granting a writ of habeas corpus in a deportation proceeding which was premised on the judicial determination that the rights of the alien were governed by the Immigration Act of 1917 and that he was not deportable under its provisions?

That issue is presented by this appeal by Vincenzo Anselmo from the judgment of the United States...

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