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APPLICATION OF ARGYROS

245 F.Supp. 190 (1965)

Application of Alex ARGYROS as next friend of Georgios Argyros for an order vacating the deportation order against Georgios Argyros.

United States District Court S. D. New York.

September 11, 1965.

Attorney(s) appearing for the Case

Siwek, Zimmerman, Silberkleit & Kassow, New York City, for petitioner; Eugene Parlin, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for respondent; Francis J. Lyons, Sp. Asst. U. S. Atty., Southern Dist. of New York, of counsel.

METZNER, District Judge.

This proceeding to vacate an outstanding order of deportation against an alien presently in custody was instituted by the cousin of the alien "as next friend."

The proceeding was initiated by petition and order to show cause. The proper procedure should have been by institution of habeas corpus proceedings (8 U.S.C. § 1105a(a) (9)). The Immigration and Naturalization Service has treated...

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