Dickhoff v. Shaughnessy

DIMOCK, District Judge.

Plaintiff, an alien resident, brings this action to set aside an order of deportation against him. He seeks an injunction to prevent defendant from deporting him until final determination of the action. Defendant, cross-moves for summary judgment, alleging that only issues of law are involved.

Plaintiff concedes that he entered the United States illegally in 1927. For this reason, plaintiff was declared deportable by the Board of Immigration Appeals on November 17, 1949. The Board stayed deportation, however, and granted him thé right to voluntary departure and…