U.S. Court of Appeals for the D.C. Circuit, 1957

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

Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States
U.S. Court of Appeals for the D.C. Circuit · Decided June 13, 1957 · Prettyman, Bazelon, Washington
247 F.2d 83; 101 U.S. App. D.C. 92; 1957 U.S. App. LEXIS 3669 (Federal Reporter, Second Series)

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].

Case-law data current through December 31, 2025. Source: CourtListener bulk data.