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MONTALBAN v. ROGERS

No. 14396.

262 F.2d 923 (1959)

Felix Sarzona MONTALBAN, Appellant, v. Williams P. ROGERS, Attorney General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 8, 1959.

Attorney(s) appearing for the Case

Mr. David Carliner, Washington, D. C., with whom Mr. Jack Wasserman, Washington, D. C., was on the brief, for appellant.

Mr. John W. Warner, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.

PER CURIAM.

This is a deportation case. Appellant filed suit for a declaratory judgment in the District Court seeking to establish that — contrary to the conclusion of the Immigration and Naturalization Service — he was eligible to have his deportation suspended pursuant to Section 244(a)(1) of the Immigration and Nationality Act of 1952, 66 Stat. 214, 8 U.S.C.A. § 1254 (a)(1). The District Court dismissed the complaint on the ground, inter alia...

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