Dukas v. Zurbrick, 6020.

• Decision Date: 11 March 1932
• Docket Number: No. 6020.,6020.
• Citation: 56 F.2d 518
• Parties: DUKAS v. ZURBRICK, District Director of Immigration.
• Court: U.S. Court of Appeals — Sixth Circuit

56 F.2d 518 (1932)

DUKAS v. ZURBRICK, District Director of Immigration.

No. 6020.

Circuit Court of Appeals, Sixth Circuit.

March 11, 1932.

O. Guy Frick, of Detroit, Mich., for appellant.

Julian G. McIntosh, of Detroit, Mich. (Gregory H. Frederick, of Detroit, Mich., on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Theodore Dukas, the appellant, was held for deportation under a warrant charging that at the time of his last entry into the United States, on or about August 15, 1918, he was afflicted with gonorrhea, a loathsome, contagious disease, and that he had been found employed by, in, or in connection with, a house of prostitution. He was first arrested by the immigration authorities on March 2, 1922, and, from the record of the Bureau of Immigration which has been supplied for the inspection of the court, it appears that hearings were held on March 10 and 13, 1922, at which the alien was represented by counsel and given full opportunity to present his defense. Upon the evidence there adduced the immigration inspector who conducted the hearing recommended deportation. The Board of Review confirmed the findings and the warrant issued April 6, 1922.

On November 20, 1923, the case was further considered by the Board of Review at the request of one of the Senators from Michigan, and deportation was stayed to enable the alien to finish some litigation and close his business affairs. On January 22, 1924, the request of a congressman to cancel the warrant was denied upon further consideration by the Board of Review. The case was then regarded as closed by the Bureau, except for the stay above mentioned. On March 4, 1924, a request was made by new counsel to examine the files. This was denied on March 18, 1924. On April 12, 1924, such new counsel requested that the case be reopened for the introduction of further evidence upon the charge that the alien was afflicted with gonorrhea at the time of his last entry. This motion was denied April 24, 1924. Since the last-mentioned date actual deportation has been stayed from time to time at the request of the alien until, instructions being issued to the immigration service on February 17, 1931, to carry the warrant into effect, habeas corpus proceedings were instituted before the District Court. On April 20, 1931, the preliminary writ theretofore issued was vacated and the petition was dismissed. The petitioner appeals.

The record brought here by appellant is fatally defective in that it does not appear that the file of the Bureau of Immigration was offered at the hearing, or whether or not other evidence was introduced. No bill of exceptions or statement of evidence is certified by the trial judge. Indeed, the final order recites only that the cause came on for hearing and was "argued by counsel for respective parties." The excuse tendered by counsel is that in Browne v. Zurbrick, Director of Immigration,...