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FOTI v. IMMIGRATION SERVICE

No. 28.

375 U.S. 217 (1963)

FOTI v. IMMIGRATION AND NATURALIZATION SERVICE.

Supreme Court of United States.

Decided December 16, 1963.

Attorney(s) appearing for the Case

James J. Cally argued the cause and filed a brief for petitioner.

Philip R. Monahan argued the cause for respondent. With him on the brief were Solicitor General Cox and Assistant Attorney General Miller.

Jack Wasserman and David Carliner filed a brief for the Association of Immigration and Nationality Lawyers, as amicus curiae, urging affirmance.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

Involved in this case is the single question of whether the Federal Courts of Appeals have the initial, exclusive jurisdiction, under § 106 (a) of the Immigration and Nationality Act, to review discretionary determinations of the Attorney General, relating to the suspension of deportation, under § 244 (a) (5) of the Act.

Petitioner, a 47-year-old alien and a native and citizen of Italy...

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