Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States
Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States
Opinion
Appellant concedes that he is deport-able but argues that the Board of Immigration Appeals (and later the District Court) erroneously held him not eligible for suspension of deportation under § 19 (c) (2) (b) of the Immigration Act of 1917, as amended July 1, 1948. 1 To qualify under that statute appellant must have been “residing in the United States” on its effective date which was July 1, 1948. But appellant had left the country on January 18, 1947, in the exercise of a privilege of voluntary departure after an earlier order of deportation. An alien thus situated is not a resident of the United States. See Kristensen v. McGrath, 1949, 86 U.S.App.D.C. 48, 53-54, 179 F.2d 796, 801-802, affirmed, 1950, 340 U.S. 162, 71 S.Ct. 224, 95 L.Ed. 173. The judgment of the District Court is accordingly
Affirmed.
. 62 Stat. 1206, 8 U.S.C. § 155(c) (Supp. Y, 1946) [Now Immigration and Nationality Act 1952, 8 U.S.C.A. §§ 1254(a) (1, 2), 1351].
Reference
- Full Case Name
- Andreas BOULAMANDIS, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee
- Cited By
- 2 cases
- Status
- Published