United States Jaegeler v. Carusi

• Decision Date: 28 January 1952
• Docket Number: No. 275,275
• Parties: UNITED STATES ex rel. JAEGELER v. CARUSI, Commissioner of Immigration and Naturalization, et al
• Court: U.S. Supreme Court

342 U.S. 347

72 S.Ct. 326

96 L.Ed. 390

UNITED STATES ex rel. JAEGELER

v CARUSI, Commissioner of Immigration and Naturalization, et al.

No. 275.

Argued Jan. 7, 1952.

Decided Jan. 28, 1952.

Mr. Gordon Butterworth, Philadelphia, Pa., for petitioner.

Mr. Samuel D. Slade, Washington, D.C., for respondents.

PER CURIAM.

On February 1, 1942, pursuant to the Alien Enemy Act of 1798, as amended,¹ the Attorney General of the United States interned petitioner, a German citizen residing in this country. On May 3, 1946, acting under the same statute, the Attorney General directed petitioner's removal to Germany. Thereafter, petitioner applied for a writ of habeas corpus in the District Court for the Eastern District of Pennsylvania, and on October 9, 1950, after hearings, the District Court denied relief. The Court of Appeals for the Third Circuit affirmed, 187 F.2d 912, and petitioner applied to this Court for a writ of certiorari on August 24, 1951.

While that petition was under consideration by the Court, a joint resolution of Congress, approved on October 19, 1951, terminated the state of war which had existed between the United States and Germany. 65 Stat. 451. We granted certiorari. 1951, 342 U.S. 864, 72 S.Ct. 106.

The statutory power of the Attorney General to remove petitioner as an enemy alien ended whch Congress terminated the war with Germany.² Thus petitioner is no longer removable under the Alien Enemy Act.

The judgment of the Court of Appeals is vacated and the cause is remanded to the District Court with directions to vacate its judgment and direct petitioner's release from custody.

Judgment of Court of Appeals vacated and cause remanded to District Court with directions.

It is so ordered.

Mr. Justice CLARK took no part in the consideration or disposition of this case.

1 'Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized, in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security...