United States v. Costello

DAWSON, District Judge.

This is a motion to dismiss this action on the grounds that (1) the plaintiff did not file an affidavit of good cause pursuant to 8 U.S.C. § 7381 at the time of filing the complaint herein or within a reasonable time thereafter, and (2) the affidavit of good cause filed herein is insufficient.

The complaint in the action was filed on October 22, 1952. The papers submitted on this motion show that at the time of the commencement of this action, an affidavit of good cause dated September 25, 1952, sworn to by Maurice A. Roberts, an attorney of the Immigration and…