Legal Opinion
In re Argyros
District Court, S.D. New York
Decided September 11, 1965PublishedCited by 6 opinions
1Opinion of the Court
METZNER, District Judge.
This proceeding to vacate an outstanding order of deportation against an alien presently in custody was instituted by the cousin of the alien “as next friend.”
The proceeding was initiated by petition and order to show cause. The proper procedure should have been by institution of habeas corpus proceed*191ings (8 U.S.C. § 1105a(a) (9)). The Immigration and Naturalization Service has treated the proceeding as though it were an order to show cause why a writ of habeas corpus should not be granted (28 U.S.C. § 2243). The court adopts this view of the proceedings.
The petition…
2Cases cited5 opinions
- United States v. Sing Tuck or King Do & Thirty-OneSupreme Court of the United States · 1904
- Ricardo Vallejo Samala v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1964
- Jose Siaba-Fernandez v. George K. Rosenberg, District Director of Immigration and NaturalizationCourt of Appeals for the Ninth Circuit · 1962
- Florentine v. Landon, District Director of Immigration and NaturalizationCourt of Appeals for the Ninth Circuit · 1953
- United States ex rel. Zdunic v. UhlCourt of Appeals for the Second Circuit · 1944
3Cited by6 opinions
- Margarida Vda. de Iturregui v. Estado Libre AsociadoSupreme Court of Puerto Rico · 1970
- Menon v. EsperdyCourt of Appeals for the Second Circuit · 1969
- Menon v. EsperdyCourt of Appeals for the Second Circuit · 1969
- US Ex Rel. Marcello v. DIST. DIRECTOR, ETC.District Court, E.D. Louisiana · 1979
- United States ex rel. Marcello v. District Director of the Immigration & Naturalization ServiceDistrict Court, E.D. Louisiana · 1979
1 more not listed; retrieve them via the Exa API.