Petition of Kavadias, No. 9799.
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | MAJOR, , DUFFY and FINNEGAN, Circuit |
| Citation | 177 F.2d 497 |
| Docket Number | No. 9799. |
| Decision Date | 25 October 1949 |
| Parties | Petition of KAVADIAS KAVADIAS v. CROSS. |
177 F.2d 497 (1949)
Petition of KAVADIAS
KAVADIAS
v.
CROSS.
No. 9799.
United States Court of Appeals Seventh Circuit.
October 25, 1949.
Timothy P. Galvin, F. J. Galvin, Edmond J. Leeney, Hammond, Indiana, for appellant.
James E. Keating, Assistant U. S. Attorney, South Bend, Indiana, Harry Kobel, Immigration and Naturalization Service, Detroit, Michigan, Walter J. Keckich, Assistant U. S. Attorney, Hammond, Indiana, for appellee.
Before MAJOR, Chief Judge, DUFFY and FINNEGAN, Circuit Judges.
MAJOR, Chief Judge.
This is an appeal from an order entered December 6, 1948, dismissing petitioner's application for writ of habeas corpus in which it was alleged that he was being unlawfully detained by the Immigration and Naturalization Service. Petitioner, a citizen of Greece, entered the United States unlawfully from Canada on or about November 14, 1940. The court below rendered a carefully prepared opinion, in which the facts relative to petitioner's activities since the time of his arrival are stated, as well as the issues presented for decision. Kavadias v. Cross, D.C., 82 F.Supp. 716. Reference to that opinion obviates any occasion for a detailed statement here. For our purpose, it is sufficient to note that petitioner on March 5, 1943 was inducted into the armed forces of the United States, where he served in active duty status until his discharge on June 25, 1943. That he was honorably discharged is conceded, although there is some dispute as to the reason therefor. His discharge reads, "Honorably discharged by reason of Conv of the soldier to join the Greek Armed Forces," while a statement of the Department of the Army in Washington, D. C., states that petitioner was "honorably discharged 25 June 1943, for Convenience of the Government to join the Armed Forces of Greece." For the purpose of this decision we think it immaterial which reason is correct. In any event, he did not join the armed forces of Greece, and, after a hearing, was on July 19, 1945 ordered deported to Greece. On October 17, 1945, the Board of Immigration Appeals withdrew the deportation warrant and petitioner was given the privilege of leaving the United States voluntarily. This he refused or failed to do, and on December 3, 1946, the warrant for his deportation was ordered reinstated.
On October 2, 1947, petitioner married Georgia Brahos, a citizen of the United States. On December 8, 1947, petitioner filed with the Board of Immigration Appeals a verified motion to set aside the order of deportation and to grant him a hearing under Sec. 19(c) (2) of the Immigration Act of 1917, as amended, 8 U.S.C.A. § 155 (c) (2), on the ground that his deportation would be an economic detriment to his wife, a citizen of the United States. The motion was denied. Petitioner on February 3, 1948, petitioned the Board of Immigration Appeals to reconsider its action, which petition was denied. On March 24, 1948, petitioner was taken into custody by the officer in charge of Immigration and Naturalization Service for removal to Greece under the warrant of deportation which was issued December 3, 1946. It is this warrant which results in his alleged unlawful detention.
Two issues are raised on this appeal. The first issue is whether petitioner was unlawfully denied a hearing on his claim that deportation "would result in serious economic detriment" to his wife, a citizen of the United States. On this phase of the case we are thoroughly in accord with the reasoning of the court below. Moreover,
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PETITION FOR NATURALIZATION OF CONVENTO, No. 34083.
...for a lawful entry prior to the physical presence at the time of enlistment under § 1440 is an open question. Petition of Kavadias, 177 F.2d 497 (CCA 7, 1949); United States ex rel. Walther v. District Director of Immigration and Naturalization, 175 F.2d 693 (CCA 2, 1949). Therefore, Congre......
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Shomberg v. United States, No. 48
...United States ex rel. Walther v. District Director of Immigration and Naturalization, 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......
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Cirulli v. Licata, No. A--633
...deportation. United States ex rel. Gagliardo v. Karnuth, 66 F.Supp. 969 (D.C.N.Y.1945); Kavadias v. Cross, 82 F.Supp. 716 (D.C.Ind.1948), 177 F.2d 497 (7th Cir.1949). It merely supplies the basis upon which in the event of deportation proceedings he may invoke the discretionary authority of......
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In re Kiseleff's Petition, No. 628405.
...court, citing United States ex rel. Walther v. District Director, 2 Cir., 1949, 175 F.2d 693 and Petition of Kavadias, 7 Cir., 1949, 177 F.2d 497. This contention is invalid as it overlooks United States ex rel. Jankowski v. Shaughnessy, 2 Cir., 1951, 186 F.2d 580 which recognizes that the ......
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PETITION FOR NATURALIZATION OF CONVENTO, No. 34083.
...for a lawful entry prior to the physical presence at the time of enlistment under § 1440 is an open question. Petition of Kavadias, 177 F.2d 497 (CCA 7, 1949); United States ex rel. Walther v. District Director of Immigration and Naturalization, 175 F.2d 693 (CCA 2, 1949). Therefore, Congre......
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Shomberg v. United States, No. 48
...United States ex rel. Walther v. District Director of Immigration and Naturalization, 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......
-
Cirulli v. Licata, No. A--633
...deportation. United States ex rel. Gagliardo v. Karnuth, 66 F.Supp. 969 (D.C.N.Y.1945); Kavadias v. Cross, 82 F.Supp. 716 (D.C.Ind.1948), 177 F.2d 497 (7th Cir.1949). It merely supplies the basis upon which in the event of deportation proceedings he may invoke the discretionary authority of......
-
In re Kiseleff's Petition, No. 628405.
...court, citing United States ex rel. Walther v. District Director, 2 Cir., 1949, 175 F.2d 693 and Petition of Kavadias, 7 Cir., 1949, 177 F.2d 497. This contention is invalid as it overlooks United States ex rel. Jankowski v. Shaughnessy, 2 Cir., 1951, 186 F.2d 580 which recognizes that the ......