Babouris v. Murff

BICKS, District Judge.

Upon this motion to enjoin deportation of plaintiff pending determination of the outcome of his suit for judgment declaring that he is not deportable, and the Government’s cross-motion for summary judgment, the issue presented is one of law alone.

Plaintiff does not question the finding that after entry he was convicted twice, in each instance upon his plea of guilty, in a New York City Magistrate’s Court of violating New York Penal Law, McKinney’s Consol. Laws, c. 40, § 722, subdivision 8. He argues, however, that because said charges are defined under state law as…