136 F.2d 129 (4th Cir. 1943), 5056, Delany v. Moraitis

Docket Nº:5056.
Citation:136 F.2d 129
Party Name:DELANY, District Director of Immigration, v. MORAITIS.
Case Date:May 27, 1943
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 129

136 F.2d 129 (4th Cir. 1943)

DELANY, District Director of Immigration,



No. 5056.

United States Court of Appeals, Fourth Circuit.

May 27, 1943

Page 130

K. Thomas Everngam, Asst. U.S. Atty., of Baltimore, Md. (Bernard J. Flynn, U.S. Atty., of Baltimore, Md., and Albert E. Reitzel, Acting Gen. Counsel, U.S. Immigration and Naturalization Service, of Washington, D.C., on the brief), for appellant.

Wilfred T. McQuaid, of Baltimore, Md., for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in a habeas corpus proceeding brought by an alien seaman held under a warrant of deportation issued under the immigration laws. Petitioner is a citizen of Greece who embarked for this country from a port in Spain. That country not being willing to receive him, the Attorney General exercised the option under the statute, 8 U.S.C.A. § 156, to deport him to Greece, the country from which he came, and a warrant of deportation was issued to that effect. At the hearing before the District Judge, it was stated in behalf of the immigration authorities that, as Greece had been overrun by Germany and it was not possible to deport petitioner to Greece, it had been arranged to deliver him into the custody of the Greek government in exile in England. The District Judge entered an order dismissing the writ on condition that the government should not deport the petitioner to any country other than Greece under the warrant for his deportation. See 46 F.Supp. 425. The acting District Director of Immigration has appealed, complaining of the order in so far as it imposes the condition.

Appellant entered this country as an alien seaman in the year 1939. He overstayed his time and was clearly deportable as an alien whose entry was unauthorized. Section 14 of the Immigration Act of 1924, 8 U.S.C.A. § 214 provides that any alien not entitled to enter the United States or who has remained therein for a longer time than permitted under the act or regulations made thereunder, 'shall be taken into custody and deported in the same manner as provided for in sections 19 and 20 of the Immigration Act of 1917 '. Section 19 of the Immigration Act of 1917, 8 U.S.C.A. § 155, provides than any alien of the deportable classes 'shall, upon the warrant of the Attorney General, be taken into custody and deported '. And section 20 of the act, 8 U.S.C.A. § 156, provides that: 'The deportation of aliens provided for in this chapter shall, at the option of the Attorney General, be to the country whence they came or to the foreign port at which such aliens embarked for the United States'.

Appellant cannot be deported to Spain, the country from which he embarked for the United States, as that country will not receive him. He cannot be deported to the territory of Greece, since that territory is under German domination. The question presented by the appeal, therefore, is whether, under the statute, the petitioner must be allowed to remain in this country, where he has no right to remain under our laws, or whether the statute will be complied with if he be returned to the political dominion and control of the country from which he came. We think that the latter is the case, and that the condition in the order appealed from should be stricken from it.

It is true, of course, that the term 'country' as used in the statute must be construed, ordinarily, to refer to the territory from which the alien came. Mensvich v. Tod, 264 U.S. 134, 136, 44 S.Ct. 282, 86 L.Ed. 591. But a man's 'country' is more than the territory in which its people live. The term is used generally to indicate the state, the organization of social life which exercises sovereign power in behalf of the people. United States v. The Recorder, 27 Fed.Cas.page 718, 721, No. 16, 129. Ordinarily the state...

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