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NOEL v. CHAPMAN

No. 86, Docket 74-1447.

508 F.2d 1023 (1975)

Rodolphe NOEL et al., Plaintiffs-Appellants, v. Leonard H. CHAPMAN, as Commissioner of the Immigration and Naturalization Service and Sol Marks, as New York District Director of the United States Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 3, 1975.

Attorney(s) appearing for the Case

Leon Friedman, New York City (American Civil Liberties Union Foundation, New York City, Melvin L. Wulf, New York City, Pollack & Kramer, Brooklyn, N. Y., Fried, Fragomen & Del Ray, New York City, Austin T. Fragomen, Jr., Martin L. Rothstein, New York City, of counsel), for plaintiffs-appellants.

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

Before KAUFMAN, Chief Judge, and ANDERSON and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from on order of Hon. Lee P. Gagliardi, United States District Judge for the Southern District of New York, entered on February 8, 1974, denying the motion of the appellants for a preliminary injunction in accordance with his opinion of February 6, 1974. We affirm.

I

Rodolphe Noel is an alien and a native and citizen of Haiti. He was admitted to this country on May 24, 1969 as a non-immigrant visitor for...

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