Klig v. Watkins
| Decision Date | 20 October 1948 |
| Citation | 84 F. Supp. 486 |
| Parties | KLIG v. WATKINS et al. |
| Court | U.S. District Court — Southern District of New York |
Pressman, Witt & Cammer, New York City (Carol King, New York City, of counsel), for plaintiff.
John F. X. McGohey, U.S. Attorney, New York City (Harold J. Raby, Asst. U. S. Attorney, and Alvin Lieberman, Atty. Immigration & Naturalization Service, New York City, of counsel), for defendant.
This is a motion by plaintiff for an order enjoining defendant Watkins from continuing with the prosecution of certain deportation proceedings pending against plaintiff until his right to naturalization has been determined.
The following facts appear in the complaint and supporting affidavit: Plaintiff is a native of Russia and was naturalized in Canada, where he was a member of the Canadian Communist Party from 1929 to 1932. He entered the United States from Canada about June 1, 1947, and resided here until 1941, when he went to Cuba and re-entered the United States as a quota immigrant about April 2, 1941. A few days thereafter he filed his Declaration of Intention and received his first papers. In December 1946, he filed an Application for a Certificate of Arrival and Preliminary Form for a Petition for Naturalization, commonly known as an application for second papers, a receipt for which he received, dated January 7, 1947. However, neither he nor his witnesses have received any notices to appear for questioning, nor has he received a notice to file his petition for naturalization.
On February 26, 1947, plaintiff was served with a warrant of arrest which alleged that plaintiff, "who entered this country at Burlington, Vermont, on the 18th day of December, 1945, has been found in the United States in violation of the immigration laws thereof, and is subject to be taken into custody and deported pursuant to the following provisions of law, and for the following reasons, to wit: The Act of October 16, 1918, as amended, in that he is found to have been, prior to entry a member of the following class set forth in Sec. 1 of said Act: An alien who is affiliated with an organization, association, society or group that believes in the unlawful damage, injury or destruction of property."
On September 10, 1948, plaintiff received notice that a hearing upon this warrant would be held on September 17th, and a temporary stay of the hearing was granted by the court. It is the contention of plaintiff that the deportation proceedings should be...
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Reilly, In re
...his rights for naturalization determined; and it was so held despite there being an outstanding 'warrant of deportation.' (Klig v. Watkins, D.C., 84 F.Supp. 486, 487.) It should further be noted that it is for the court, not the administrative agency, to make 'findings of fact' respecting a......
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Shomberg v. United States
...2 Cir., 175 F.2d 693; Petition of Kavadias, 7 Cir., 177 F.2d 497. But as a general rule stays were not utilized, cf. Klig v. Watkins, D.C., 84 F.Supp. 486, and there ensued a race between the alien to gain citizenship and the Attorney General to deport him. If the alien was successful in fo......
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Klig v. United States
...and well disposed to the good order and happiness of the United States." 3 Judge Coxe in Klig v. Watkins, Civ. 47-357, D.C., 84 F.Supp. 486 (October 20, 1948). 4 For example, if Klig had denied that he had ever been a member of a Communist Party, such a lie perhaps would have barred him fro......
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Petition of Warhol, 17103.
...by reason of certain circumstances cannot be enforced, United States v. Waskowski, 7 Cir., 1947, 158 F.2d 962, see also Klig v. Watkins, D.C.S.D. N.Y., 84 F.Supp. 486, and United States v. Jay, D.C.N.D.Ind., 84 F.Supp. 546, the general rule would seem to be that the status quo of an alien s......