Velasquez v. United States, 150
| Decision Date | 11 February 1957 |
| Docket Number | Docket 24191.,No. 150,150 |
| Citation | 241 F.2d 126 |
| Parties | Louis Estanislao VELASQUEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Second Circuit |
Saul S. Berzin, New York City (Edward L. Dubroff, Brooklyn, N. Y., of counsel), for petitioner-appellant.
Paul W. Williams, U. S. Atty., New York City (Charles J. Hartenstine, Jr., Sp. Asst. U. S. Atty., and George M. Vetter, Jr., Asst. U. S. Atty., New York City, of counsel), for respondent-appellee.
Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.
Affirmed on the opinion of District Judge Bicks, D.C.S.D.N.Y., 139 F.Supp. 790.
United States v. Bazan, 1955, 97 U.S. App.D.C. 108, 228 F.2d 455, is not inconsistent with this result. Velasquez applied for exemption on grounds of alienage. His classification upon his request was changed from that of a registrant who had attained his 38th birthday to that of a neutral alien who had filed for relief from military service. In Bazan the court found that there was no evidence in the record before it to support a legal conclusion that Bazan was relieved from military service because of alienage. Here the record before us is explicit.
To continue reading
Request your trial
-
United States v. Hoellger
...Benzian v. Godwin, 1948, 168 F.2d 952; Mannerfrid v. U. S., 1952, 200 F.2d 730; Petition of Coronado, 1955, 224 F.2d 556; Velasquez v. United States, 1957, 241 F.2d 126; Petition of Skender, 1957, 248 F.2d 92, certiorari denied 355 U.S. 931, 78 S.Ct. 411, 2 L.Ed. 2d 413; Petition of Mirzoef......
-
Matter of H----
... ... ( United States v. Hoellger, 273 F.2d 760, distinguished.) ... ; withdrawal of request for exemption was not until May 1955); Velasquez v. United States, 139 F. Supp. 790, affd. 241 F.2d 126 (C.A. 2, 1957) ... ...
-
Jubran v. United States
...after his classification had been changed. Petition of Velasquez, D.C.S.D.N.Y.1956, 139 F.Supp. 790, affirmed Velasquez v. United States, 2 Cir., 1957, 241 F.2d 126. Nor is he relieved of the bar by his subsequently receiving an occupational deferment as a result of the efforts of his emplo......
-
In re Harispe's Petition, 41474.
...petition was barred even under the 1952 Act and was rightfully denied." See also the earlier case in the Second Circuit, Velasquez v. United States, 241 F.2d 126 (1959) affirming 139 F.Supp. 790; Brownell v. Rasmussen, 98 U.S. App.D.C. 300, 235 F.2d 527 After considering these several cases......