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UNITED STATES v. ESPERDY

No. 275, Docket 25308.

267 F.2d 72 (1959)

UNITED STATES of America ex rel. George PIPERKOFF, Relator-Appellant, v. P. A. ESPERDY, District Director, Immigration and Naturalization Service, District of New York, United States Department of Justice, Respondent-Appellee,

United States Court of Appeals Second Circuit.

Decided May 18, 1959.

Attorney(s) appearing for the Case

Edward L. Dubroff, Brooklyn, N. Y. (Jacob W. Rozinsky, New York City, on the brief), for relator-appellant.

Roy Babitt, Sp. Asst. U. S. Atty., Southern Dist. of New York, New York City (Arthur H. Christy, U. S. Atty., New York City, on the brief), for respondent-appellee.

Before LUMBARD and MOORE, Circuit Judges, and ANDERSON, District Judge.

LUMBARD, Circuit Judge.

This is an appeal from a denial of the writ of habeas corpus by the District Court for the Southern District of New York, without a hearing. The relator is an alien who, though he has concededly been convicted of two crimes involving moral turpitude within the meaning of 8 U.S.C.A. § 1251(a) (4) and thereby rendered himself deportable, seeks to prevent his deportation on the ground that the sentencing court issued the "recommendation"...

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