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RIZZI v. MURFF

171 F.Supp. 362 (1959)

Giuseppe RIZZI, Plaintiff, v. John L. MURFF, as District Director of Immigration and Naturalization for the District of New York, J. M. Swing, as Commissioner of Immigration and Naturalization, William P. Rogers, as Attorney General of the United States, Defendants.

United States District Court S. D. New York.

March 16, 1959.

Attorney(s) appearing for the Case

Caputi & Caputi, New York City, for plaintiff, Robert R. Caputi, Sebastian P. Caputi, New York City, of counsel.

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City, for defendants, Roy Babitt, Sp. Asst. U. S. Atty., New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

Plaintiff Rizzi is an alien against whom an order of deportation is outstanding. In this action he seeks judicial review, pursuant to Section 10 of the Administrative Procedure Act, 5 U. S.C.A. § 1009, of an order denying him the privilege of voluntary departure and directing his deportation, and a judgment, pursuant to the Declaratory Judgments Act, 28 U.S.C. § 2201, that the order is illegal and void.

Rizzi...

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