Giuseppe Vitale v. Immigration & Naturalization Service

SPRECHER, Circuit Judge.

This is an appeal by the plaintiff, Giuseppe Vitale, from a district court order granting the motion of defendant, the Immigration & Naturalization Service, for summary judgment. The order affirmed the decision of the Board of Immigration Appeals ordering the plaintiff excluded and deported from the United States.

Giuseppe Vitale was deported from the United States on September 21, 1970. Aliens who have been deported are excluded from admission into the United States and are ineligible for visas prior to their embarkation at a place outside the United States, unless the…