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GAGLIANO v. IMMIGRATION AND NATURALIZATION SERVICE

Nos. 529, 530, Docket 29445, 29603.

353 F.2d 922 (1965)

Giuseppe GAGLIANO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. UNITED STATES ex rel. Giuseppe GAGLIANO, Relator-Appellant, v. P. A. ESPERDY, District Director of Immigration and Naturalization of United States for the New York District, or such other person, if any, as may have the said Giuseppe Gagliano, Relator, in Custody, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 15, 1965.

Attorney(s) appearing for the Case

Julius C. Biervliet, Legal Aid Society, New York City (Mary B. Tarcher, New York City, on the brief), for relator-petitioner-appellant.

James G. Greilsheimer, Sp. Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for So. District of New York and Francis J. Lyons, Special Asst. U. S. Atty., on the brief), for respondent.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Consolidated for consideration are two proceedings, one an appeal from an order of the United States District Court for the Southern District of New York, Bonsal, D. J., dismissing appellant Giuseppe Gagliano's petition for a writ of habeas corpus, and the other a petition to review an order of the Board of Immigration Appeals dismissing appellant's motion to reopen deportation proceedings that had been successfully instituted against...

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