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RUTLEDGE v. ESPERDY

No. 148, Docket 27099.

297 F.2d 532 (1961)

Alette RUTLEDGE, Petitioner-Appellant, v. P. A. ESPERDY, as District Director for the New York District, Immigration and Naturalization Service, United States Department of Justice, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 13, 1961.

Attorney(s) appearing for the Case

Claude Henry Kleefield, New York City, for petitioner-appellant.

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

Before LUMBARD, Chief Judge and MOORE and HAYS, Circuit Judges.

PER CURIAM.

This appeal raises the question whether an alien who legally entered the United States as a non-immigrant visitor, overstayed the permitted time and subsequently made certain misrepresentations as to her citizenship, and that of her brother, is eligible for discretionary waiver of deportation on grounds of hardship to her citizen spouse whom she married while illegally remaining in the United States. The appellant...

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