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TANAKA v. IMMIGRATION & NATURALIZATION SERVICE

No. 398, Docket 27721.

346 F.2d 438 (1965)

Minoru TANAKA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Second Circuit.

Decided May 25, 1965.

Attorney(s) appearing for the Case

Edward L. Dubroff, Brooklyn, N. Y. (Albert J. Geduldig, New York City, on the brief), for petitioner.

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

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.

LUMBARD, Chief Judge.

Minoru Tanaka petitions this court to transfer his petition for review, filed in this court pursuant to 8 U.S.C. § 1105a (a) (5), to the district court to determine whether he acted involuntarily in voting in the Japanese election of June 1950, as it is upon such a finding that the Immigration and Naturalization Service found that he has lost his American citizenship and thus is subject to deportation.1

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