Ex parte Matthews
| Decision Date | 03 October 1921 |
| Docket Number | 6203. |
| Citation | 277 F. 857 |
| Parties | Ex parte MATTHEWS. |
| Court | U.S. District Court — Western District of Washington |
Geo. F Vanderveer and Ralph S. Pierce, both of Seattle, Wash., for petitioner.
Robert C. Saunders, U.S. Atty., and Charlotte Kolmitz, Asst. U.S Atty., both of Seattle, Wash., for the United States.
The petitioner under oath charges that:
'Under the provisions of the United States immigration statute on the 19th day of February, 1921, after a due hearing, it was determined by said Secretary of Labor for the United States that your petitioner had been born in and was a citizen of Ukrania aforesaid, and should be deported thence under the provisions of the immigration statute above referred to that ever since said date your petitioner has been and still is unlawfully and unreasonably restrained of his liberty in the county jail * * * under the pretended authority of said warrant or order of deportation; and that said restraint is unreasonable and unlawful in this: That the government of the United States as your deponent is informed and believes, has no diplomatic relations with the government of Ukrania, and is unable to execute its order or warrant of deportation aforesaid, and is unable to deport your petitioner to said Ukrania, and is making no attempt to do so, and has no intention of so doing, and that, unless the said Henry M. White, Commissioner of Immigration aforesaid, is prevented from so doing he will continue unlawfully and unreasonably to restrain your petitioner of his liberty, and confine him as a prisoner in the county jail of King county aforesaid, all in violation of your petitioner's right under the Constitution and laws of the United States'
-- and prays a writ. A writ was issued, and a return and supplemental return made, in which the record taken before the Commissioner of Immigration is set out, from which it appears that the department is unable to secure a 'Polish passport' for the petitioner, for the reason 'that no satisfactory information has been furnished as to alien's place of birth. ' The order is to deport the petitioner 'to his home in Ukrania.' This was entered on the 19th day of February, 1921.
A supplemental return is presented, stating that the warrant of deportation has been amended, directing the deportation of petitioner to 'Eastern Galacia,' to which is attached a telegram from the Assistant Secretary of...
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Moraitis v. Delany
...a reasonable time which, in various cases, has been fixed at two to four months. Bonder v. Johnson, D.C.Mass., 5 F.2d 238; Ex parte Matthews, D.C.Wash., 277 F. 857; Saksagansky v. Weedin, 9 Cir., 53 F.2d 13; Caranica v. Nagle, 9 Cir., 28 F.2d 955, 957. But these cases were all decided in ti......
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United States v. Shaughnessy
...See United States ex rel. Ross v. Wallis, 2 Cir., 279 F. 401, 403-04; Saksagansky v. Weedin, 9 Cir., 53 F.2d 13; Ex parte Matthews, D.C.W.D.Wash., 277 F. 857; Petition of Brooks, D.C.D.Mass., 5 F.2d 238; United States ex rel. Janavaris v. Nicolls, D.C.D.Mass., 47 F.Supp. 201; United States ......
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United States v. Nicolls
...279 F. 401, 404; Caranica v. Nagle, 9 Cir., 28 F.2d 955; Saksagansky v. Weedin, 9 Cir., 53 F.2d 13, 16 last paragraph; Ex parte Matthews, D.C.W.D.Wash., 277 F. 857; Moraitis v. Delany, D.C.Md. Aug. 28, 1942, 46 F.Supp. 425. It is to be observed, however, that the power residing in the Distr......
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