ACEVEDO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 843, Docket 75-4246.

538 F.2d 918 (1976)

Graciela ACEVEDO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided April 29, 1976.


Attorney(s) appearing for the Case

Claude Henry Kleefield, New York City, for petitioner.

Dennis Young, Jr., Asst. U.S. Atty., New York City (Robert B. Fiske, Jr., U.S. Atty., S. D. N.Y., Thomas H. Belote, Sp. Asst. U.S. Atty., New York City, of counsel), for respondent.

Before FRIENDLY, MANSFIELD and MULLIGAN, Circuit Judges.


PER CURIAM:

From time to time we are asked by aliens to set aside deportation orders on grounds that appear to have little merit. The filing of a petition for review in such a case may raise the suspicion that the petitioner is motivated more by the automatic stay of deportation granted by Title 8 U.S.C. § 1105a(a)(3) pending such review than by the expectation of success. Nevertheless our duty requires us carefully to consider the questions raised by each such...

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