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MENON v. ESPERDY

No. 152, Docket 32694.

413 F.2d 644 (1969)

Esterya MENON and Ruby Rebecca Menon, an infant under the age of 14 years, by her mother, Esterya Menon, Relators-Appellees, v. P. A. ESPERDY, as District Director of the Immigration & Naturalization Service, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided June 30, 1969.

Attorney(s) appearing for the Case

Esterya Menon, New York City, pro se, Edith Lowenstein, New York City (Robert Pincus, New York City, on the brief) by appointment of the Court, for relators-appellees.

Francis J. Lyons, Special Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York and Daniel Riesel, Special Asst. U. S. Atty., on the brief), for respondent-appellant.

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

LUMBARD, Chief Judge:

Relators Esterya Menon and her minor daughter, Ruby Rebecca Menon, were ordered excluded from the United States by the Board of Immigration Appeals on July 13, 1965. Subsequently they received notice from the Immigration and Naturalization Service to report for deportation to Turkey. Relators challenged their exclusion order by bringing a declaratory judgment action in the district court, which properly treated the action as a habeas corpus application...

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