Medalha v. Shaughnessy
| Decision Date | 01 December 1951 |
| Citation | 102 F. Supp. 950 |
| Parties | MEDALHA v. SHAUGHNESSY. |
| Court | U.S. District Court — Southern District of New York |
Nemeroff, Jelline, Danzig & Paley and Aaron L. Danzig, all of New York City, for petitioner.
Edward J. Shaughnessy, District Director of Immigration and Naturalization for New York Dist., New York City, Myles J. Lane, U. S. Atty. for Southern District of New York, New York City, for respondent.
Petitioner, an alien, entered the United States from Lisbon, Portugal, on August 10, 1947, as a seaman and was permitted to go ashore for twenty-nine days. He jumped ship and has remained here continuously since. He was, in due course, apprehended, admitted to bail and, on December 3, 1947, given a hearing by the Immigration and Naturalization Service, at which he was represented by counsel. The petitioner was there charged with being an immigrant not in possession of a valid immigration visa and not exempted from the presentation thereof. He was continued under the bond previously posted.
On June 12, 1950, the Service accorded petitioner a second hearing (apparently complying with Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616) at which he was represented by new counsel. In the course of the second hearing, a new charge was lodged against him, i. e., that, after admission as a seaman he remained in the United States for a longer time than permitted.
The second hearing examiner subsequently recommended the petitioner's deportation upon the ground lodged at that hearing. The petitioner having filed exceptions to the recommendation, the Commissioner of Immigration and Naturalization after consideration thereof, on April 24, 1951, ordered that the petitioner be deported on the charge lodged at the second hearing. On May 15, 1951, petitioner appealed to the Board of Immigration Appeals. On June 20, 1951, the Board ordered the withdrawal of the then outstanding warrant of deportation and granted the petitioner voluntary departure within thirty days and upon the petitioner's failure to thus depart, directed that he be deported on the charge lodged at the second hearing. The petitioner not having voluntarily withdrawn within the thirty-day period, a warrant for his deportation was issued on October 12, 1951. On November 2, 1951, the surety on petitioner's bond was notified to surrender him at Ellis Island, New York, for deportation on November 21, 1951.
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