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UNITED STATES v. SHAUGHNESSY

107 F.Supp. 399 (1952)

UNITED STATES ex rel. STRAUBER v. SHAUGHNESSY, District Director, Immigration and Naturalization Service.

United States District Court S. D. New York.

September 23, 1952.

Attorney(s) appearing for the Case

Herbert Monte Levy, New York City (Daniel W. West, New York City, of counsel), for petitioner.

Myles J. Lane, New York City, for respondent.

EDELSTEIN, District Judge.

The relator raises the issue of whether the Board of Immigration Appeals erred when it determined that it had no authority to grant him discretionary relief in the form of suspension of deportation. He was ordered deported on two grounds: that his entry was illegal, for he is not and never has been in possession of a valid immigration visa; and that after his entry into the United States, he was a member of the Communist Party. He readily...

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