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UNITED STATES v. ESPERDY

No. 311, Docket 25904.

280 F.2d 71 (1960)

UNITED STATES of America ex rel. Joseph Michael DENTICO, Relator-Appellant, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the New York District, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 24, 1960.

Attorney(s) appearing for the Case

Bella V. Dodd, New York City, for relator-appellant.

Charles J. Hartenstine, Jr., Sp. Asst. U. S. Atty., Southern Dist. of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and CLARK and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

Relator, Joseph Dentico, appeals from an order of the district court dismissing his petition for a writ of habeas corpus brought to obtain his release from detention for deportation. The petition challenges in several respects the fairness of the administrative hearing upon which the order of deportation was entered and also asserts that the Attorney General failed to sustain his burden of proving at the hearing that relator was an alien. We...

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