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ZUPICICH v. ESPERDY

No. 402, Docket 27938.

319 F.2d 773 (1963)

Attilio ZUPICICH, Plaintiff-Appellant, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 28, 1963.

Attorney(s) appearing for the Case

Robert J. Carluccio, New York City, for appellant.

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

Before MOORE, HAYS and MARSHALL, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Appellant, a concededly deportable alien, brought this action in the district court to review the Attorney General's order denying the application to have his deportation to Yugoslavia withheld on the claim that there he would be subject to physical persecution within the meaning of Section 243(h) of the 1952 Immigration and Nationality Act (8 U.S.C.A. § 1253(h)). The only contention pressed below, and in this court, is that on...

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