UNITED STATES v. ESPERDY


187 F.Supp. 378 (1960)

UNITED STATES of America ex rel. Juan PEREZ-VARELA, Relator, v. P. A. ESPERDY, District Director of the New York District of the Immigration and Naturalization Service, or such other person, if any, as may have the custody of one, Juan Perez-Varela, Respondent.

United States District Court S. D. New York.

October 4, 1960.


Attorney(s) appearing for the Case

Leon Rosen, New York City, for relator.

S. Hazard Gillespie, Jr., U. S. Atty., Roy Babitt, Special Asst. U. S. Atty., New York City, of counsel, for respondent.


BICKS, District Judge.

On July 8, 1960, acting upon information communicated by the Consul General of Spain that one Juan de la Cruz Perez-Varela deserted a Spanish naval training vessel while it was in the Port of New York between April 26 and May 3, 1960, the Immigration authorities apprehended and interrogated the petitioner. The facts which preceded this action, briefly, are as follows: Relator, a native and citizen of Spain, was a member of the crew of a training...

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