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UNITED STATES v. ESPERDY

No. 193, Docket 30826.

367 F.2d 861 (1966)

UNITED STATES of America ex rel. Jose Ignacio MARTIN-GARDOQUI, Relator-Appellant, v. P. A. ESPERDY, District Director of Immigration and Naturalization of the United States of the New York District or such other person, if any, as may have the said Jose Ignacio Martin-Gardoqui in custody, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 31, 1966.

Attorney(s) appearing for the Case

Julius C. Biervliet, Mount Vernon, N. Y. (Mary B. Tarcher, New York City, on the brief), for relator-appellant.

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

Before SMITH, HAYS and FEINBERG, Circuit Judges.

PER CURIAM.

This is an appeal from an August 12, 1966 order of Judge Herlands in the Southern District of New York, dismissing relator's writ of habeas corpus. We find no error and affirm the judgment.

Relator, a forty-three year old male alien, is a native and citizen of Spain. He most recently entered the United States on or about November 1953. He is married to a United States citizen and has five citizen minor children. On October 9, 1959 he was convicted...

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