Petition of Cahill, Cal. No. 1106
| Decision Date | 03 September 1971 |
| Docket Number | Cal. No. 1106,Docket 71-1855. |
| Citation | 447 F.2d 1343 |
| Parties | Petition of Joe CAHILL, for a Writ of Habeas Corpus. |
| Court | U.S. Court of Appeals — Second Circuit |
Frank Durkan, New York, City, for petitioner-appellant.
Stanley H. Wallenstein, Sp. Asst. U. S. Atty., New York City, for respondent-appellee.
Before KAUFMAN, HAYS, and FEINBERG, Circuit Judges.
Joe Cahill, a British citizen holding a valid Irish passport and a visa permitting entry into the United States, boarded an airplane in Dublin, Ireland, on September 1, 1971, bound for the United States. Upon his arrival at New York's Kennedy Airport, immigration officers informed him that his visa had been revoked by the Secretary of State and detained him pending a determination of his alien status. Although an exclusion hearing before a Special Inquiry Officer was scheduled for 9:00 A.M., September 2, counsel for Cahill requested and was granted an adjournment until September 7.
Counsel for Cahill has requested that Cahill be released on bail or paroled. The Attorney General through the District Director, Immigration and Naturalization Service, New York, has denied this application.
Alleging that the denial of bail or parole by the Attorney General was arbitrary and capricious in violation of the first and fifth amendments to the Constitution, Cahill petitioned the District Court for a writ of habeas corpus directing Sol Marks, District Director of the Immigration and Naturalization Service to show cause "why the petitioner should not be restored to his liberty and granted bail or parole pending determination of his status. * * * " After a hearing in open court, Judge Wyatt denied the petition without prejudice.
Immigration officers have the right to detain for further inquiry any alien "who may not appear to the examining immigration officer at the port of arrival to be clearly and beyond a doubt entitled to land." 8 U.S.C. § 1225(b). The Attorney General, however, "may in his discretion parole into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States * * *." 8 U.S.C. § 1182. Petitioner's allegation that the denial of bail or parole under the authority of this section was arbitrary and capricious in violation of the first and fifth amendments is without merit.
It is established constitutional doctrine that an alien...
To continue reading
Request your trial
-
Medina v. O'NEILL
... ... 537, 544, 70 S.Ct. 309, 94 L.Ed. 317 (1950); In re Cahill, 447 F.2d 1343, 1344 (2d Cir.1971). Notwithstanding Congress' broad ... His petition for relief sought not only release from confinement but also admission to ... ...
-
U.S. v. Henry
... ... of an alien for Medicare Supplemental Medical Insurance); Petition of Cahill, 447 F.2d 1343 (2 Cir. 1971) (An alien who was detained pending ... ...
-
Haitian Centers Council, Inc. v. McNary
... ... , San Francisco Lawyers' Committee for Urban Affairs, San Francisco, Cal., Lucas Guttentag, Immigration Law Project, American Civil Liberties ... a stay of the mandates, and denied the Florida Action plaintiffs' petition for a writ of certiorari. Haitian Refugee Center, Inc. v. Baker, --- U.S ... branch enforce policy without judicial interference); Petition of Cahill, 447 F.2d 1343, 1344 (2d Cir.1971) (per curiam) (" 'it is not within the ... ...
-
Singh v. Nelson
... ... Human Rights, Washington Square Legal Services, Inc., Cahill Gordon & Reindel, New York City, for petitioners; Arthur C. Helton, Nadine ... Petition ¶¶ 28-36, 38-41, 43-48. On that basis deportation was withheld, but the ... v. INS, No. CV 83-7972 (C.D.Cal. Mar. 7, 1985) (regulation barring aliens from working during the course ... ...