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UNITED STATES v. MASON

No. 269, Docket 29223.

344 F.2d 673 (1965)

UNITED STATES of America ex rel. Emilio MARTINEZ-ANGOSTO, Relator-Appellant, v. Redfield MASON, Rear Admiral and Commandant, Third United States Naval District, 90 Church Street, New York, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 7, 1965.

Attorney(s) appearing for the Case

Edward Q. Carr, Jr., New York City (Edith Lowenstein, New York City, of counsel), for relator-appellant.

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

Before FRIENDLY, HAYS and MARSHALL, Circuit Judges.

MARSHALL, Circuit Judge:

On the morning of December 6, 1963 two men confronted Emilio Martinez-Angosto at the factory where he worked. They identified themselves as agents of the Immigration and Naturalization Service [INS] and asked his name and for his papers. He gave his name, and informed the agents that his papers were at home. He was then taken to his home and there he produced a marriage certificate, the birth certificates of his children, and a Spanish seamen...

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