UNITED STATES EX REL. PICICCI
v.
DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK; UNITED STATES EX REL. RIZZI V. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK

2d Cir. | 1950-03-17
Nos. 161-162, Dockets 21553, 21554
181 F.2d 304 United States Court of Appeals for the Second Circuit (1950) Positive Treatment
Cited by 2 cases


Opinion of the Court
FRANK, Circuit Judge.

. That failure to possess a visa does not preclude the exercise of such-discretion, cf. Stone ex rel. Colonna v. Tillinghast, 1 Cir., 32 F. 2d 447.

. Nor within §§ 132.1 or 132,2.

. In his petition for rehearing, -respondent did not dispute the correctness of this construction.

. Moreover, 8 U.S.C.A. § 136 (r) provides that nothing in § 136 shall be construed to apply to one class included in 8 U.S. C.A. § 203, i. e., “accredited, oificials of foreign governments.” This goes to show that 8 U.S.C.A. § 203 does not govern 8 U.S.C.A. § 136 (q).

. Mahler v. Eby, 264 U.S. 32, 46, 44 S.Ct. 283, 68 L.Ed. 549; Tod v. Waldman, 266 U.S. 113, 45 S.Ct. 85, 69 L.Ed. 195; Mastrapasqua v. Shaughnessy, 2 Cir., 1950, 180 F. 2d 999; U. S. ex rel. Di Pa-olo v. Reimer, 2 Cir., 102 F. 2d 40, 42; U. S. ex rel. Mazur v. Commissioner of Immigration, 2 Cir., 101 F. 2d 707, 709.


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