United States Ex Rel. Catalano v. Shaughnessy, District Director of Immigration & Naturalization for District of New York

This case is before us upon the petition for the writ, the return thereto and the administrative record submitted with the return. As no traverse was filed and no evidence offered to contradict the allegations of the return, they must be accepted as true. 28 U.S.C.A. § 2248. From the facts recited in the return it is clear beyond question that the relator is deporta-ble. He is an alien of Italian citizenship who first entered the United States in 1930 as a deserting seaman and was deported in 1932. In December 1948 he again arrived as a seaman, obtained shore leave by failing to disclose his…