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UNITED STATES v. MURFF

No. 182, Docket 25361.

265 F.2d 504 (1959)

UNITED STATES of America ex rel. George EXARCHOU, Relator-Appellant, v. John L. MURFF, District Director of Immigration and Naturalization at the Port of New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 15, 1959.

Attorney(s) appearing for the Case

Jay Nicholas Long, New York City, for relator-appellant.

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

Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.

CLARK, Chief Judge.

This is an appeal from a decision of the district court dismissing a writ of habeas corpus suspending relator's deportation. Relator concedes that he illegally entered the United States in 1945 without an immigration visa and hence is deportable. In this proceeding he seeks to establish his eligibility for a discretionary grant of voluntary departure, which will allow him to re-enter this country lawfully at a later date. Inasmuch as he first petitioned...

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