United States v. Shaughnessy

Citation117 F. Supp. 473
PartiesUNITED STATES ex rel. CEFALU v. SHAUGHNESSY.
Decision Date04 January 1954
CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York

Benjamin Kronenberg, New York City, for relator, Norman N. Liben, New York City, of counsel.

J. Edward Lumbard, Lester Friedman, Atty. in the Office of the Dist. Counsel, Immigration and Naturalization Service, New York City, for respondent.

IRVING R. KAUFMAN, District Judge.

The writ is dismissed. Deportation proceedings were instituted by the issuance of a warrant for the relator's arrest on or about April 28, 1953. The relator was accorded a due and appropriate hearing before a duly authorized officer. The relator conceded his alienage and other vital factors. He was ordered deported on three grounds. No appeal was taken administratively from the order of deportation. On April 30, 1953, a warrant for the relator's deportation was duly issued.

The respondent alleges in his papers and re-asserted upon the argument that he has been able, willing and ready to deport the relator since the issuance of a final order for his deportation. The deportation, respondent asserts, was initially stayed by the service upon the relator of a subpoena requiring his appearance in the United States District Court. Thereafter arrangements were completed for the deportation on June 4, 1953. These arrangements were interrupted by the issuance by a judge of this Court of a writ of habeas corpus ad testificandum returnable June 15, 1953. It is alleged in the respondent's return that the relator's present attorney appeared as the attorney for the defendant in the criminal proceeding for which relator's testimony has been sought, and obtained the issuance of a writ of habeas corpus ad testificandum in behalf of the defendant in that proceeding. The original writ of habeas corpus ad testificandum was subsequently discharged and the relator eventually was the subject of a new writ of habeas corpus ad testificandum, allowed by this Court in August of 1953, upon an affidavit wherein the relator's present attorney, who represents the defendant in the criminal proceeding, sought a new writ requiring the production of this relator as a witness upon the trial of the criminal action.

The relator urges that the Immigration and Nationality Act, 8 U.S.C.A. § 1252(c) and (d), requires his release from detention since more than six months have elapsed since the issuance of the order of deportation and the Attorney General has not effected the alien's departure from the United States. Lawyers have frequently been criticized for dwelling on the text of a statute and forgetting its context. Professor Corbin in his work on Contracts (Vol. 3, Section 540, p. 57; 1951)...

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15 cases
  • Riley v. Greene, CIV.A. 00-D-1775.
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • May 9, 2001
    ...(D.Md.1980) (same); United States ex rel Lam Tuk Man v. Esperdy, 280 F.Supp. 303, 304 (S.D.N.Y.) (same); United States ex rel Cefalu v. Shaughnessy, 117 F.Supp. 473, 474 (S.D.N.Y.1954), aff'd on opinion below, 209 F.2d 959 (2d. Cir.1954) (per curiam) All of the above cases, except for Balog......
  • Doherty v. Thornburgh
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 27, 1991
    ...physical departure in the hope of eventually satisfying legal prerequisites"); Dor, 891 F.2d at 1002-03; United States ex rel. Cefalu v. Shaughnessy, 117 F.Supp. 473, 474 (S.D.N.Y.), aff'd on opinion below, 209 F.2d 959 (2d Cir.1954) (per It is true that, during the course of Doherty's dete......
  • Al Najjar v. Ashcroft, 0220261CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • February 19, 2002
    ...319-20 (D.Md. 1980); United States ex rel. Lam Tuk Man v. Esperdy, 280 F.Supp. 303, 304 (S.D.N.Y.1967); United States ex rel. Cefalu v. Shaughnessy, 117 F.Supp. 473, 474 (S.D.N.Y.), aff'd, 209 F.2d 959 (2d Cir. 1954) (per During the six-month period, the statute authorizes the Attorney Gene......
  • Dor v. District Director, I.N.S.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 8, 1989
    ...obtained, a stay of the mandate (event 15; 1/20/87). As the district court found, this case is governed by United States ex rel. Cefalu v. Shaughnessy, 117 F.Supp. 473, 474 (S.D.N.Y.), aff'd on opinion below, 209 F.2d 959 (2d Cir.1954). When the actions of the alien prevent the INS from eff......
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