United States ex rel. Doyle v. District Director of Im. and Nat., 209-211

• Court: United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
• Writing for the Court: AUGUSTUS N. HAND, CHASE, and CLARK, Circuit
• Citation: 169 F.2d 753
• Parties: UNITED STATES ex rel. DOYLE v. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK. UNITED STATES ex rel. EISLER v. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK. UNITED STATES ex rel. WILLIAMSON v. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK. UNITED STATES ex rel. SMITH v. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK (two cases).
• Docket Number: 20951.,Dockets 20953-20955,207,20950,No. 209-211,208,209-211
• Decision Date: 03 August 1948

169 F.2d 753 (1948)

UNITED STATES ex rel. DOYLE
v.
DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK.
UNITED STATES ex rel. EISLER
v.
DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK.
UNITED STATES ex rel. WILLIAMSON
v.
DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK.
UNITED STATES ex rel. SMITH
v.
DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK (two cases).

Nos. 209-211, 207, 208, Dockets 20953-20955, 20950, 20951.

Circuit Court of Appeals Second Circuit.

August 3, 1948.

169 F.2d 754

Isidore Englander and Ira Gollobin, both of New York City, for Charles A. Doyle, relator-appellant.

Carol King and Abraham Isserman, both of New York City, for Gerhart Eisler, relator-appellant.

Carol King and David M. Freedman, both of New York City, for John Williamson, relator-appellant.

Samuel Rosenwein and Abraham Unger, both of New York City, of counsel, for Charles A. Doyle, Gerhart Eisler, and John Williamson, relator-appellants.

William L. Standard and Carol King, both of New York City (William L. Standard and Edward J. Malament, both of New York City, of counsel), for Ferdinand C. Smith, relator-appellant.

John F. X. McGohey, U. S. Atty., of New York City (David McKibbin and Harold J. Raby, Asst. U. S. Attys., and Robert A. Vielhaber, Atty., U. S. Dept. of Justice, Immigration and Naturalization Service, all of New York City, of counsel), for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The above named relators were arrested and held at Ellis Island for deportation proceedings. In each case the warrant charged as a ground for deportation that the alien was a member of and affiliated with an organization that advocates the overthrow by force and violence of the Government of the United States, and was accordingly deportable under the provisions of the Act of October 16, 1918, as amended, 8 U.S.C.A. § 137(g). Each alien was denied bail pending deportation proceedings by the Attorney General and thereupon sued out a writ of habeas corpus in which he claimed that he should be admitted to bail as a matter of right and that the action of the Attorney General in denying bail was arbitrary and unlawful. These writs were dismissed in the case of each relator by Judge Bondy who however admitted each to bail pending appeal. Prior to the application to Judge Bondy, the relator Smith had sued out a...