United States ex rel. Piperkoff v. Esperdy

LUMBARD, Circuit Judge.

This is an appeal from a denial of the writ of habeas corpus by the District Court for the Southern District of New York, without a hearing. The relator is an alien who, though he has concededly been convicted of two crimes involving moral turpitude within the meaning of 8 U.S.C.A. § 1251(a) (4) and thereby rendered himself deportable, seeks to prevent his deportation on the ground that the sentencing court issued the “recommendation” against deportation which is authorized by § 1251(b)1 and that it thereby rendered the deportation provisions of § 1251(a) inoperative.…