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UNITED STATES v. ESPERDY

No. 339, Docket 25958.

281 F.2d 182 (1960)

UNITED STATES of America ex rel. Gladys M. de Los Angeles Mena y CAMPOS de JEREZ, Relator-Appellant, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service of the United States for the New York District, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 1, 1960.

Attorney(s) appearing for the Case

Claude Henry Kleefeld, New York City, for relator-appellant.

Roy Babitt, Sp. Asst. U. S. Atty., Southern District of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty.) New York City, for respondent-appellee.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.

PER CURIAM.

Appellant, asserting that an order directing her deportation is invalid, petitioned for a writ of habeas corpus. The basis for the petition was the Attorney General's refusal to grant her application to waive in advance a ground of excludability. The district court held that such a waiver was available only to aliens outside the United States and dismissed the writ. This appeal followed.

Appellant, an alien, entered the United States in 1957. In...

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