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PAOLO v. GARFINKEL

July 3, 1952

PAOLO
v.
GARFINKEL



The opinion of the court was delivered by: GOURLEY

This proceeding is a petition for review of a deportation order issued by the Commissioner of Immigration and Naturalization through his assistant in the District of Columbia. Question exists as to whether or not the Court has jurisdiction of the proceeding. This Court proceeded to hear the proceeding on June 30, 1952, at 10:00 A.M., E.D.S.T., and relieved the surety from forfeiture of the bond filed by the petitioner until further order of this Court.

The proceeding was filed against C. Garfinkel, Officer in Charge of the Immigration and Naturalization Service, with offices in the City of Pittsburgh, Pennsylvania. It appears that a warrant of arrest for petitioner was issued by Karl I. Zimmerman, District Director of the Immigration and Naturalization Service, with offices in the City of Philadelphia, Pennsylvania. to C. Garfinkel, Officer in Charge of the Immigration and Naturalization Service in the City of Pittsburgh, on August 24, 1951. Said warrant of arrest was issued after an investigation for the reason that it was determined that the petitioner was in the United States without an immigration visa. He was taken into custody on said date and hearings were held before representatives of the Immigration and Naturalization Service in the City of Pittsburgh, Pennsylvania, on August 27, 1951 and September 5, 1951. As a result of said hearings the examiner recommended that a deportation order be issued. On October 9, 1951, an order of deportation was issued by the Assistant Commissioner of Naturalization in behalf of the Commissioner of Immigration and Naturalization in Washington, D.C. Appeals were perfected to the appropriate administrative tribunals, each of which was dismissed. On January 31, 1952, Karl I. Zimmerman, District Director of the Immigration and Naturalization Service in the City of Philadelphia, issued a warrant of deportation based on the order of deportation of October 9, 1951 issued by the Assistant Commissioner of Immigration and Naturalization in behalf of the Commissioner of Immigration and Naturalization, Washington, D.C. Motions to reconsider said warrant and order of deportation were duly filed together with appeals, all of which were refused.

 At the time of petitioner's arrest, he was released on bond for his appearance when directed by the Immigration and Naturalization Service. On June 23, 1952, the surety was notified by the respondent in this proceeding, who is the Officer in Charge of the Immigration and Naturalization Service in this district, to surrender said alien to the office of the respondent at 1:00 P.M. on June 30, 1952. As a courtesy to the alien and his counsel, a copy of said notification was forwarded to them. The letter which was sent to the surety, the alien and the attorney was as follows:

 Letter sent to United States Fidelity & Guaranty Company, with offices in the City of Pittsburgh, Pennsylvania, which executed the bond for the appearance of the petitioner, Joao Paolo, when directed by representatives of the Immigration and Naturalization Service-

 'June 23, 1952

 'United States Fidelity & Guaranty Company

 714 Farmers Bank Building

 Pittsburgh, Pennsylvania

 'Gentlemen:

 You are directed to surrender the above-named alien to this office at 1:00 P.M. on June 30, 1952 in accordance with the terms of the delivery bond posted by you on August 27, 1951, at this office in his behalf.

 'Very truly yours, 'C. Garfinkel 'Officer in Charge

 'Registered mail.

 'Return receipt ...


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