Opinion
No. 283, Docket 33755.
Argued November 13, 1969.
Decided March 2, 1970.
Burt Neuborne, New York City (Paul Chevigny and Alan H. Levine, New York City, New York Civil Liberties Union, on the brief), for appellant.
Daniel Riesel, Sp. Asst. U.S. Atty. (Robert M. Morgenthau, U.S. Atty., for the Southern District of New York, on the brief), for appellees.
Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.
Itzcovitz appeals from so much of the opinion below as denied him relief against the Immigration and Naturalization Service; before argument, the government withdrew its cross-appeal from the order enjoining the Selective Service System from proceeding against Itzcovitz. Since the argument of the appeal the government has conceded the propriety of admitting Itzcovitz into the country, and the parties have informed us of his return.
The appeal is dismissed as moot.