Elian Bolanos v. Maurice F. Kiley, District Director, Immigration and Naturalization Service, New York District

FRIENDLY, Circuit Judge:

Plaintiff Elian Bolanos, a citizen of Colombia, entered the United States on July 22, 1973 on a visitor’s visa which expired on August 12 of that year. The visa was not extended and Bolanos remained illegally. On March 6, 1974, he was arrested by members of the New York City Police Department and charged with first degree robbery, second degree assault and possession of weapons. After he had presented alibi evidence, the grand jury failed to indict him and, on April 16, the charges were dismissed.

As a result of Bolanos’ arrest his whereabouts became known to the…