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ENCISO-CARDOZO v. IMMIGRATION & NATURALIZATION SERVICE

No. 213, Docket 74-1083.

504 F.2d 1252 (1974)

Lenin ENCISO-CARDOZO, Edwin Michael Enciso, minor, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided October 29, 1974.

Attorney(s) appearing for the Case

James J. Orlow, New York City (Marion R. Ginsberg and Wasserman, Orlow, Kaye & Rubin, New York City, of counsel), for petitioners.

Mary P. Maguire, Sp. Asst. U. S. Atty., for the Southern District of New York (Paul J. Curran, U. S. Atty., for the Southern District of New York, on the brief, Lydia E. Morgan, Sp. Asst. U. S. Atty., of counsel), for respondent.

Before MOORE, MULLIGAN and ADAMS, Circuit Judges.

ADAMS, Circuit Judge:

The primary issue on this appeal is whether the infant citizen petitioner was denied due process of law when he was refused permission to intervene in the deportation proceedings instituted against his alien mother.

a.

Lenin Enciso-Cardozo, the alien petitioner on this appeal and the mother of the infant petitioner, entered the United States on November 2, 1970 as a non-immigrant for pleasure.1 Unmarried...

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