Klapholz v. Esperdy
| Decision Date | 18 May 1962 |
| Docket Number | No. 324,Docket 27399.,324 |
| Citation | 302 F.2d 928 |
| Parties | Samuel KLAPHOLZ, Plaintiff-Appellant, v. P. A. ESPERDY, as District Director for the New York District of the Immigration and Naturalization Service, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Jackson G. Cook, New York City (Stuart Wadler, New York City, of counsel), for plaintiff-appellant.
Roy Babitt, Sp. Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the S. D. of New York, New York City, on the brief), for defendant-appellee.
Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.
This is an appeal from a summary judgment which dismissed a complaint seeking review of an exclusion order issued by the District Director for the New York District of the Immigration and Naturalization Service,1 and a declaratory judgment that Klapholz, an alien, was admitted to the United States as an immigrant. In the District Court Klapholz challenged the exclusion order on numerous grounds, all of which were rejected in a comprehensive and well reasoned opinion by Judge Thomas F. Murphy.2
The principal facts are not in dispute. Klapholz, possessed of a valid immigration visa, was taken into custody by a United States Marshal when he arrived in New York aboard the S.S. United States on July 30, 1956.3 His visa was not stamped "Admitted" by the Immigration Officer aboard ship and he was not given an alien registration receipt card. Instead he was subsequently notified that he had been paroled into the United States "pending completion of primary inspection," and later received a form notice stating that he would be given a hearing on his application for admission by a Special Inquiry Officer. Meanwhile, Klapholz pleaded guilty to an information charging certain smuggling offenses, and was sentenced to 15 months imprisonment. On January 23, 1957 the immigration hearing was held at the institution in which Klapholz was confined; and the Special Inquiry Officer determined that he was excludable because of the smuggling conviction, a determination ultimately upheld by the Attorney General.
For the reasons stated by the court below, we agree that Klapholz's parole into the United States was a proper exercise of authority granted by Section 212(d) (5) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d) (5); that Klapholz's detention by non-immigration officers did not constitute an admission, "de facto" or otherwise;...
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U.S. v. Kavazanjian
...1972); United States v. Vasilatos, 209 F.2d 195, 197 (3d Cir. 1954); Klapholz v. Esperdy, 201 F.Supp. 294, 297 (S.D.N.Y.1961), aff'd, 302 F.2d 928 (2d Cir.), cert. denied, 371 U.S. 891, 83 S.Ct. 183, 9 L.Ed.2d 124 (1962). The Oscar case is illustrative. The defendant there was convicted und......
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Ramirez-Alejandre v. Ashcroft
...1959 WL 11617 (BIA 1959, A.G.1961), aff'd sub nom.; Klapholz v. Esperdy, 201 F.Supp. 294, 298-99 (S.D.N.Y.1961), aff'd, 302 F.2d 928, 929 (2d Cir.1962) (per curiam); see also Ali v. Reno, 22 F.3d 442, 448 n. 3 (2d Cir.1994) (citing The BIA's consideration of current evidence in making its d......
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Ramirez-Alejandre v. Ashcroft
...of K-, 9 I. & N. Dec. 143 (1961), aff'd sub nom.; Klapholz v. Esperdy, 201 F.Supp. 294, 298-99 (S.D.N.Y.1961), aff'd, 302 F.2d 928, 929 (2d Cir.1962) (per curiam); see also Ali v. Reno, 22 F.3d 442, 448 n. 3 (2d Cir.1994) (citing The BIA's consideration of current evidence in making its dec......
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Edmond v. Nelson, Civ. A. No. 82-5973.
...restraint, not merely going ashore or crossing the border ...." Klapholz v. Esperdy, 201 F.Supp. 294, 297 (S.D.N.Y.1961), aff'd, 302 F.2d 928 (2d Cir.), cert. denied, 371 U.S. 891, 83 S.Ct. 183, 9 L.Ed.2d 124 (1962). See also Leng May Ma v. Barber, 357 U.S. 185, 188, 78 S.Ct. 1072, 1074, 2 ......