United States of America Ex Rel. Francesco Brancato v. John M. Lehmann, Officer in Charge, Immigration & Naturalization Service

MILLER, Circuit Judge.

This is an appeal from an order of the District Judge dismissing appellant’s application for a Writ of Habeas Corpus.

The material facts are not in dispute. Appellant who was a native of Italy and is now approximately sixty years old, entered this country in 1914. He was naturalized in the District Court at Cleveland, Ohio on November 15, 1929. He married a United States native born citizen who died in September 1955. He has five children and twelve grandchildren, all native bom and living in Cleveland. On November 29, 1929 he departed from the United States for a visit…