GENA v. IMMIGRATION AND NATURALIZATION SERVICE

No. 27356.

424 F.2d 227 (1970)

Louis GENA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 23, 1970.


Attorney(s) appearing for the Case

Henry Klepak, Dallas, Tex., for petitioner.

John N. Mitchell, Atty. Gen. of U. S., George W. Masterton, Jr., Atty., Crim. Div., U. S. Dept. of Justice, Washington, D. C., Claude D. Brown, Asst. U. S. Atty., Eldon B. Mahon, U. S. Atty., Northern District of Texas, Fort Worth, Tex., for respondent; Paul C. Summitt, Atty., Dept. of Justice, Washington D. C., of counsel.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.


GOLDBERG, Circuit Judge.

We consider here an appeal arising out of deportation proceedings against one Louis Gena, a citizen of the Republic of Haiti. Gena originally entered the United States on August 18, 1966, as an alien in transit with authorization to remain in this country for only one day. Despite the nature of his original entry, Gena has remained in the United States until now. Having prolonged his presence in this country from a one-day stand to more than...

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