UNITED STATES v. ESPERDY

No. 185, Docket 26606.

285 F.2d 723 (1960)

UNITED STATES of America ex rel. Juan PEREZ-VARELLA, Appellant, v. P. A. ESPERDY, District Director of the New York District of the Immigration and Naturalization Service, Appellee.

United States Court of Appeals Second Circuit.

Decided December 22, 1960.


Attorney(s) appearing for the Case

Ernest Fleischman and Delson, Levin & Gordon, New York City, for appellant.

Roy Babitt, S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, for appellee.

Before LUMBARD, Chief Judge, and HAND and WATERMAN, Circuit Judges.


HAND, Circuit Judge.

This is an appeal from an order dismissing a petition for habeas corpus for the release of the relator from the custody of the New York District Director of Immigration and Naturalization. The petitioner is a sailor, serving as a cook on board a "training ship" of the Spanish Navy. He arrived in Miami last March and was allowed with the other members of the crew the usual sightseeing visits ashore. He returned each night and sailed with his ship...

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