FRANCESCO FOTI, A/K/A FRANK FOTI, PETITIONER,
v.
IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a statutory amendment rendered the petitioner ineligible for suspension of deportation, making further proceedings futile.
The petitioner, an alien deportable and previously denied suspension of deportation, sought review of the Attorney General's order. Congress subsequen…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Discretionary Relief cases and more on FLexlaw
PER CURIAM:
The petitioner, who concedes that he is deportable, applied to the Attorney General for suspension of deportation on the ground of hardship. He seeks review here of the order of the Attorney General denying his application.
When this case was originally before this court, see Foti v. I. N. S., 308 F. 2d 779 (2d Cir. 1962), cert. granted, 371 U.S. 947, 83 S.Ct. 503, 9 L.Ed.2d 496 (1963); see also Foti v. I. N. S., 375 U.S. 217, 84 S.Ct. 306, 11 L.Ed.2d 281 (1963), the issue was whether or not the Attorney General had abused his discretion in refusing to grant the application for suspension of deportation. Since that time Congress has amended the applicable statute, 8 U.S.C. (Supp. IV, 1959-1962) § 1254, to provide that discretionary suspension of deportation is unavailable to aliens who, like the petitioner, entered the United States as crewmen. See 8 U.S.C. § 1254(f) (1).
There can be no doubt that the new provision of the statute is applicable to the petitioner and that he is now ineligible for suspension of deportation. See Fassilis v. Esperdy, 301 F. 2d 429 (2d Cir. 1962).
Remand of this case to the Attorney General would be a pointless formality since the Attorney General is required by the statute to deny petitioner’s application. We therefore dismiss the petition.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Athanasios Patsis v. Immigr. & Naturalization Serv., 337 F.2d 733 (8th Cir. 1964)
Authorities Cited
- Foti v. Immigr. & Naturalization Serv., 375 U.S. 217 (U.S. 1963)
- Francesco Foti v. Immigr. & Naturalization Serv., 308 F.2d 779 (2d Cir. 1962)
- Foti v. Immigr. & Naturalization Serv., 371 U.S. 947 (U.S. 1963)
- Smith v. Florida, 371 U.S. 947 (U.S. 1963)
- Demetrios Fassilis v. Esperdy, 301 F.2d 429 (2d Cir. 1962)