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BOLANOS v. KILEY

No. 647, Docket 74-2561.

509 F.2d 1023 (1975)

Elian BOLANOS, Plaintiff-Appellant, v. Maurice F. KILEY, District Director, Immigration and Naturalization Service, New York District, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 29, 1975.

Attorney(s) appearing for the Case

Peter Hirsch, Corona, N.Y. (Belovin & Fleishman, Corona, N.Y., of counsel), for plaintiff-appellant.

Prosper K. Parkerton, Asst. U. S. Atty. (David G. Trager, U. S. Atty., E.D. N.Y., and Paul B. Bergman, Asst. U. S. Atty., of counsel), for defendant-appellee.

Before WATERMAN, FRIENDLY and GURFEIN, Circuit Judges.

FRIENDLY, Circuit Judge:

Plaintiff Elian Bolanos, a citizen of Colombia, entered the United States on July 22, 1973 on a visitor's visa which expired on August 12 of that year. The visa was not extended and Bolanos remained illegally. On March 6, 1974, he was arrested by members of the New York City Police Department and charged with first degree robbery, second degree assault and possession of weapons. After he had presented alibi evidence, the grand jury failed...

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