Staniszewski v. Watkins
Decision Date | 12 May 1948 |
Parties | STANISZEWSKI v. WATKINS, District Director of U. S. Immigration, etc. |
Court | U.S. District Court — Southern District of New York |
George C. Dix, of New York City, assigned counsel for petitioner.
John F. X. McGohey, U. S. Atty., of New York City (William J. Sexton, Asst. U. S. Atty., of New York City, of counsel), for respondent.
Kirlin, Campbell, Hickox & Keating, of New York City (Delbert M. Tibbetts, of New York City, of counsel), for United States Lines Co.
Petitioner was ordered excluded as an inadmissible alien under an order of the Commissioner of Immigration and Naturalization which was based upon a report of a Special Board of Inquiry dated October 24, 1947, and was affirmed on appeal to the Board of Immigration Appeals December 3, 1947. He applied for and obtained a writ of habeas corpus on March 20, 1948, to review the cause of his detention on Ellis Island by the respondent herein. The respondent has filed a return to the writ and at the hearing on the writ submitted a certified copy of all the orders and evidence in the exclusion proceedings.
The following paragraphs are quoted from the opinion on which the exclusion decision of the Board of Special Inquiry was affirmed by the Acting Commissioner.
The pertinent conclusions of law of the Board of Special Inquiry, as amended by the Commissioner on appeal, are:
The manager of the Unlicensed Personnel Department of the United States Lines Company has submitted an affidavit "amicus curiae" from which I quote the following:
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United States v. Shaughnessy
...D.C.S.D.N.Y., 88 F.Supp. 91, affirmed 2 Cir., 176 F.2d 249; In re Krajcirovic, D.C. Mass., 87 F.Supp. 379; Staniszewski v. Watkins, D.C.S.D.N.Y., 80 F.Supp. 132; United States ex rel. Janavaris v. Nicolls, D.C.Mass., 47 F.Supp. This power, however, has never before been exercised in favor o......
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