Gagliano v. Nabers

Fifth Circuit

Gagliano v. Nabers

222 F.2d 958

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 21, 1955

DocketNo. 15056

StatusPublished

This text of 222 F.2d 958 (Gagliano v. Nabers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gagliano v. Nabers, 222 F.2d 958 (5th Cir. 1955).

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Opinion

PER CURIAM.

This appeal, argued and submitted on January 20, 1955, has been held awaiting decision of the Supreme Court in Marcello v. Bonds, 75 S.Ct. 757. The decision in the Marcello case rendered May 31, 1955, admittedly forecloses all of the appellant’s contentions except one. As [959]*959we understand that contention, it is that Section 1251(a) (11), Title 8 U.S.Code, when considered in the light of the savings clause embodied in the 1952 Act, Section 405(a), 66 Stat. 280, 8 U.S.Code, § 1101 note, and the decisions in United States ex rel. De Luca v. O’Rourke, 8 Cir., 213 F.2d 759, and Ex parte RoblesRubio, D.C.Cal., 119 F.Supp. 610, should not be construed to affect the status of a nondeportable resident alien. Unfortunately for appellant, we think that issue also, whether formally presented and argued or not, was implicitly foreclosed by the Marcello decision, and, hence, is no longer open for decision by this Court. The judgment is therefore

Affirmed.

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PER CURIAM.

This appeal, argued and submitted on January 20, 1955, has been held awaiting decision of the Supreme Court in Marcello v. Bonds, 75 S.Ct. 757. The decision in the Marcello case rendered May 31, 1955, admittedly forecloses all of the appellant’s contentions except one. As [959]*959we understand that contention, it is that Section 1251(a) (11), Title 8 U.S.Code, when considered in the light of the savings clause embodied in the 1952 Act, Section 405(a), 66 Stat. 280, 8 U.S.Code, § 1101 note, and the decisions in United States ex rel. De Luca v. O’Rourke, 8 Cir., 213 F.2d 759, and Ex parte RoblesRubio, D.C.Cal., 119 F.Supp. 610, should not be construed to affect the status of a nondeportable resident alien. Unfortunately for appellant, we think that issue also, whether formally presented and argued or not, was implicitly foreclosed by the Marcello decision, and, hence, is no longer open for decision by this Court. The judgment is therefore

Affirmed.

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222 F.2d 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gagliano-v-nabers-ca5-1955.

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