CADBY v. SAVORETTI

Nos. 17039, 17048.

256 F.2d 439 (1958)

Carl Fraser CADBY, Appellant, v. Joseph SAVORETTI, District Director, United States Immigration and Naturalization Service, Miami, Florida, Etc., Appellee. Frederic Arthur BRUNT, Appellant, v. Joseph SAVORETTI, District Director, United States Immigration and Naturalization Service, Miami, Florida, Etc., Appellee.

United States Court of Appeals Fifth Circuit.

June 18, 1958.


Attorney(s) appearing for the Case

David W. Walters, Miami, Fla., for appellant.

Richard R. Booth, Asst. U. S. Atty., Miami, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., Gilbert Zimmerman, Regional Counsel Immigration and Naturalization Service, Richmond, Va., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The principal question in these two cases briefed and argued together, though tried on separate records, is whether in a post-1952 deportation proceeding, the alien is entitled to have the Attorney General entertain an application for discretionary relief authorized under the 1917, but not under the 1952, Act, and, as a corollary to it, whether the Savings Clause of Section 405(a) of the 1952 Act, 8 U.S.C.A. § 1101 note affords the...

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