Cadby v. Savoretti

JOHN R. BROWN, Circuit Judge.

The principal question in these two cases briefed and argued together, though tried on separate records, is whether in a post-1952 deportation proceeding, the alien is entitled to have the Attorney General entertain an application for discretionary relief authorized under the 1917, but not under the 1952, Act, and, as a corollary to it, whether the Savings Clause of Section 405(a) of the 1952 Act, 8 U.S.C.A. § 1101 note affords the alien any such relief.

Deportation is on the basis that at the time of the last entry, each was excludable. Since, prior to that entry,…