Charles Babouris v. P. A. Esperdy, District Director of Immigration and Naturalization for the District of New York

LEONARD P. MOORE, Circuit Judge.

Plaintiff appeals from an order granting appellee’s motion for summary judgment and denying appellant’s motion to enjoin his deportation pending the outcome of his suit for judgment declaring him not deportable.

Appellant, a native and national of Greece, last entered the United States on October 15, 1920. On two occasions subsequent to entry he has been convicted of disorderly conduct in violation of section 722, subd. 8 of the New York Penal Law, McKinney’s Consol.Laws, c. 40, providing that one who “with intent to provoke a breach of the peace, or whereby a…