United States Ex Rel. James v. Shaughnessy, District Director of Immigration and Naturalization Service of Port of New York

CHASE, Circuit Judge.

The appellant is an alien, a British subject, who came to this country in 1939, and was then lawfully admitted as a temporary visitor for a period of five months under the provisions of Title 8 U.S.C.A. § 203(2). He has continuously resided in the United States since his entry, and he has been ordered deported on the ground that he overstayed his leave. Title 8 U.S.C.A. § 214; ■

' He is married to a native citizen of the United States and 'has a child who was born in this country. While the proceedings for his deportation were pending, he applied, pursuant to Title 8…