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FOTI v. IMMIGRATION AND NATURALIZATION SERVICE

No. 295, Docket 27345.

308 F.2d 779 (1962)

Francesco FOTI, a/k/a Frank Foti, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Second Circuit.

Decided September 21, 1962.

Attorney(s) appearing for the Case

James J. Cally, of Cally & Cally, New York City, for petitioner.

Roy Babitt, Sp. Asst. U. S. Atty., S. D.N.Y., New York City (Robert M. Morgenthau, U. S. Atty., New York City, on the brief), for respondent.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

Foti is a resident alien who entered this country on a seaman's visa and stayed illegally for ten years, leaving his wife and three children in Italy. When deportation proceedings were instituted, he conceded his deportability, but applied to the Attorney General for relief under § 244(a) (5) of the Immigration and Nationality Act, 8 U.S.C.A. § 1254(a) (5), which provides that "the Attorney General may, in his discretion, suspend...

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