Andreas Boulamandis v. Herbert Brownell, Jr., Attorney General of the United States

247 F.2d 83, 101 U.S. App. D.C. 92, 1957 U.S. App. LEXIS 3669

• Court: Court of Appeals for the D.C. Circuit
• Decided: June 13, 1957
• Docket: 13771_1
• Status: Published

Opinion

PER CURIAM.

Appellant concedes that he is deport-able but argues that the Board of Immigration Appeals (and later the District Court) erroneously held him not eligible for suspension of deportation under § 19 (c) (2) (b) of the Immigration Act of 1917, as amended July 1, 1948. 1 To qualify under that statute appellant must have been “residing in the United States” on its effective date which was July 1, 1948. But appellant had left the country on January 18, 1947, in the exercise of a privilege of voluntary departure after an earlier order of deportation. An alien thus situated is not a resident of the United States. See Kristensen v. McGrath, 1949, 86 U.S.App.D.C. 48, 53-54, 179 F.2d 796, 801-802, affirmed, 1950, 340 U.S. 162, 71 S.Ct. 224, 95 L.Ed. 173. The judgment of the District Court is accordingly

Affirmed.

1 . 62 Stat. 1206, 8 U.S.C. § 155(c) (Supp. Y, 1946) [Now Immigration and Nationality Act 1952, 8 U.S.C.A. §§ 1254(a) (1, 2), 1351].