Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States

U.S. Court of Appeals for the D.C. Circuit
Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States, 247 F.2d 83 (D.C. Cir. 1957)
101 U.S. App. D.C. 92; 1957 U.S. App. LEXIS 3669

Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States

Opinion

PER CURIAM.

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.

1

. 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