Hostname: page-component-5c6d5d7d68-wpx84 Total loading time: 0 Render date: 2024-08-25T12:07:51.722Z Has data issue: false hasContentIssue false
  • English
  • Français

Menon v. Esperdy. 413 F.2d 644

Published online by Cambridge University Press:  28 March 2017

Alona E. Evans
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Judicial Decisions
Information
American Journal of International Law , Volume 64 , Issue 2 , April 1970 , pp. 419 - 423
Copyright
Copyright © American Society of International Law 1970

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Sec. 101(a)(15)(B) of the Immigration and Nationality Act of 1952 as amended (8 U.S.C. § 1101(a)(15)(B)) provides: “The term ‘immigrant’ means every alien except an alien who is within one of the following classes of nonimmigrant aliens—(B) an alien … having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily … for pleasure; …“

2 According to §101(a)(15)(G)(iv) of the Act, the classes of non-immigant aliens include “officers, or employees of … international organizations [recognized by the United States pursuant to the International Organizations Immunities Act (59 Stat. 669)], and the members of their immediate families; …” (8 U.S.C.§1101(a)(15)(G)(iv)).

3 According to §237(a) of the Act (8 U.S.C. §1227(a)), “[a]ny alien … arriving in the United States who is excluded under this Act, shall be immediately deported to the country whence he came… .“

4 Sec. 106(b) of the Act (8 U.S.C. §1105(a)(b)) provides: “Notwithstanding the provisions of any other law, any alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of section 236 of this Act or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise.“

5 248 F.Supp. 261 (S.D.N.Y., 1965) (citation by court).

6 413F.2d 644 at 650-651.

7 Sec. 8(a)(3), 59 Stat. 669 (1945) (citation by court).

8 Quoted by court, 413 F.2d 644 at 651.

9 231 F.2d 373 at 376 (2d Cir., 1956) (quoted by court, ibid.652).

10 Citing United States ex rel. Mazur u. Comm'r. of Immigration, 101 F.2d 707 (2d Cir., 1939)(11-year absence); United States ex rel. Milanovich v.Murff, 253 F.2d 941, 943 (2d Cir., 1958)(13-year absence). Ibid.653.

11 Sec. 243(a)(8 U.S.C. §1253(a) provides: “The deportation of an alien in the United States provided for in this Act, or any other Act or treaty, shall be directed by the Attorney General to a country promptly designated by the alien if that country is willing to accept him into its territory, unless the Attorney General, in his discretion, concludes that deportation to such country would be prejudicial to the interests of the United States.” The section provides the Attorney General with a number of alternative destinations if the country of the alien's choice refuses to admit him.

12 413F.2d644at654.