UNITED STATES v. DIST. DIRECTOR OF IMMIGRATION

No. 79-3219.

634 F.2d 964 (1981)

UNITED STATES of America ex rel. Carlos MARCELLO, Petitioner-Appellee, v. DISTRICT DIRECTOR OF the IMMIGRATION & NATURALIZATION SERVICE, NEW ORLEANS, LOUISIANA, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 13, 1981.


Attorney(s) appearing for the Case

James P. Morris, Dept. of Justice, Gen. Litigation & Legal Advice Sec., Criminal Div., Washington, D.C., for respondent-appellant.

Virgil M. Wheeler, Jr., New Orleans, La., Jack Wasserman, Washington, D.C., Thomas M. Cooley II, Pittsburgh, Pa., for petitioner-appellee.

Before THORNBERRY, GEE and REAVLEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 13, 1981.

GEE, Circuit Judge:

Carlos Marcello, a foreign national permanently resident in the United States, was first ordered deported in 1953, almost thirty years ago, on the basis of a 1938 marijuana conviction. The order was not executed until 1961, however, when it was apparently executed illegally: arguably Marcello was shanghaied to Guatemala without prior notice to him or his attorney by means of a Guatemalan...

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