U.S. Court of Appeals for the D.C. Circuit, 1959

Felix Sarzona Montalban v. Williams P. Rogers, Attorney General of the United States

U.S. Court of Appeals for the D.C. Circuit · Decided January 8, 1959 · No. 14396_1 · Bastian, Bazelon, Per Curiam, Washington

262 F.2d 923; 105 U.S. App. D.C. 5 (Federal Reporter, Second Series)

Counsel

Mr. David Carliner, Washington, D. C., with whom Mr. Jack Wasserman, Washington, D. C., was on the brief, for appellant., Mr. John W. Warner, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for ap-pellee.

Cases that cite this one

1 later published case cites this decision.

LOZA-BEDOYA (Board of Immigration Appeals 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

This is a deportation case. Appellant filed suit for a declaratory judgment in the District Court seeking to establish that — contrary to the conclusion of the Immigration and Naturalization Service ■ — he was eligible to have his deportation suspended pursuant to Section 244(a) (1) of the Immigration and Nationality Act of 1952, 66 Stat. 214, 8 U.S.C.A. § 1254 (a)(1). The District Court dismissed the complaint on the ground, inter alia, that appellant had not shown that he “last entered the United States more than two years prior to June 27, 1952,” as the statute requires. It appears that appellant, as a seaman on American flag vessels, made numerous voyages overseas. He last returned to the United States on October 8, 1953, after a voyage from San Francisco to Formosa and back. We are constrained to affirm, under the decisions of the Supreme Court in United States ex rel. Claussen v. Day, 1929, 279 U.S. 398, 49 S.Ct. 354, 73 L.Ed. 758, and United States ex rel. Stapf v. Corsi, 1932, 287 U.S. 129, 53 S.Ct. 40, 77 L.Ed. 215.

Affirmed.

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