DESSALERNOS v. SAVORETTI, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 287.
Argued April 3, 1958.
Decided April 14, 1958.
In the circumstances of this case, petitioner was entitled to have his application for suspension of deportation considered under 244 (a) (1) of the Immigration and Nationality Act of 1952.
244 F.2d 178, judgment vacated and cause remanded to District Court with directions.
David W. Walters argued the cause and filed a brief for petitioner.
Maurice A. Roberts argued the cause for respondent. On the brief were Solicitor General Rankin and Beatrice Rosenberg.
It was stipulated by the parties in the District Court that the sole question for decision is whether petitioner is entitled to have his application for suspension of deportation considered under 244 (a) (1) of the Immigration and Nationality Act of 1952 (66 Stat. 163, 214; 8 U.S.C. 1254 (a) (1)). We hold that petitioner is so entitled. The judgment of the Court of Appeals (244 F.2d 178) is therefore vacated and the cause is remanded to the District Court with directions to enter an appropriate judgment declaring that petitioner is entitled to have his application for suspension of deportation considered by the United States Immigration and Naturalization Service under 244 (a) (1).
MR. JUSTICE FRANKFURTER would join MR. JUSTICE HARLAN if he read the record to be as clear as the latter finds it to be. Being in sufficient doubt about the scope and meaning of the stipulation, he joins the Court's opinion. This leaves open, on the remand, the administrative determination of the issues under 244 (a) (1). [356 U.S. 269, 271]