United States v. Jordan, No. 8851.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtSPARKS and KERNER, Circuit , and BALTZELL
Citation153 F.2d 810
Decision Date18 February 1946
Docket NumberNo. 8851.
PartiesUNITED STATES ex rel. KARPATHIOU v. JORDAN.

153 F.2d 810 (1946)

UNITED STATES ex rel. KARPATHIOU
v.
JORDAN.

No. 8851.

Circuit Court of Appeals, Seventh Circuit.

February 18, 1946.


Hermann P. Haase, of Chicago, Ill., for appellant.

J. Albert Woll, U. S. Atty., Kenneth S. Nathan, Asst. U. S. Atty., John M. McWhorter, Asst. Chief Adjudications Division, Immigration and Naturalization Service, all of Chicago, Ill., for appellee.

Before SPARKS and KERNER, Circuit Judges, and BALTZELL, District Judge.

BALTZELL, District Judge.

The petitioner-appellant, hereinafter referred to as the petitioner, filed a petition for a writ of habeas corpus in the district court on May 25, 1945, which petition was on June 1 dismissed on motion of respondent-appellee, hereinafter referred to as respondent. This appeal challenges the correctness of the order of the district court in dismissing the petition.

This is the second time petitioner has filed in the same district court a petition for a writ of habeas corpus, and the second time it has been before this court on appeal. The district court in the first case, after a full and complete hearing upon the merits, denied the petition. The case was appealed to this court and affirmed on October 20, 1939. United States of America ex rel. Karpathiou v. Schlotfeldt, District Director of Immigration and Naturalization, Chicago District, 106 F.2d 928, certiorari denied 309 U.S. 681, 60 S.Ct. 721, 84 L.Ed. 1024. The facts are fully discussed in the former opinion of this court, and no good purpose would be served by again reviewing them. Reference is therefore made to our former opinion (106 F.2d 928, 929) for a discussion of the facts.

An examination of the record in the first case convinces us that that case was properly decided in both the district court and in this court on appeal. The same issues were presented in the first case as in the instant case, and that decision will stand unless there is some merit in the contention of petitioner presented in his brief as to the validity of the warrant of deportation. It seems that is the only question presented which petitioner contends was not presented and decided in the first case. In that case, however, this court said, "By the proceeding it was sought to test the validity of a warrant issued by the Secretary of Labor for the deportation of appellant upon the ground that he is in the United States contrary to the Act of February 5, 1917, Section 155, Title 8, U.S.C.A., in that appellant `has been found managing a house of prostitution, or music or dance hall or other place of amusement or resort habitually frequented by...

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3 practice notes
  • Smith v. United States, No. 14599.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 7, 1959
    ...H.R. 4233, 79th Cong., 1st Sess. (1945). 7 Slaughter v. Wright, 135 F.2d 613 (4 Cir., 1943); United States ex rel. Karpathiou v. Jordan, 153 F.2d 810 (7 Cir., 1946), certiorari denied 328 U.S. 868, 66 S.Ct. 1372, 90 L.Ed. 1639 (1946); Wong Doo v. United States, 265 U.S. 239, 44 S.Ct. 524, 6......
  • State v. Fontano, No. A--396
    • United States
    • New Jersey Superior Court – Appellate Division
    • June 8, 1953
    ...89 L.Ed. 2003 (1945); Rookard v. Huff, 79 U.S.App.D.C. 291, 145 F.2d 708 (U.S.C.A.D.C.1944); United States ex rel. Karpathiou v. Jordan, 153 F.2d 810 (C.C.A. 7, 1946), certiorari denied, 328 U.S. 868, 66 S.Ct. 1372, 90 L.Ed. 1639 (1946); Wong Doo v. United States, 265 U.S. 239, 44 S.Ct. 524......
  • United States v. Shaughnessy, No. 287
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 11, 1953
    ...239, 241, 44 S.Ct. 524, 68 L.Ed. 999; United States ex rel. McCann v. Thompson, supra; United States ex rel. Karpathiou v. Jordan, 7 Cir., 153 F.2d 810, certiorari denied 328 U.S. 868, 66 S.Ct. 1372, 90 L.Ed. 6 "9. That on April 6, 1945, favorable discretionary relief was exercised her......
3 cases
  • Smith v. United States, No. 14599.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 7, 1959
    ...H.R. 4233, 79th Cong., 1st Sess. (1945). 7 Slaughter v. Wright, 135 F.2d 613 (4 Cir., 1943); United States ex rel. Karpathiou v. Jordan, 153 F.2d 810 (7 Cir., 1946), certiorari denied 328 U.S. 868, 66 S.Ct. 1372, 90 L.Ed. 1639 (1946); Wong Doo v. United States, 265 U.S. 239, 44 S.Ct. 524, 6......
  • State v. Fontano, No. A--396
    • United States
    • New Jersey Superior Court – Appellate Division
    • June 8, 1953
    ...89 L.Ed. 2003 (1945); Rookard v. Huff, 79 U.S.App.D.C. 291, 145 F.2d 708 (U.S.C.A.D.C.1944); United States ex rel. Karpathiou v. Jordan, 153 F.2d 810 (C.C.A. 7, 1946), certiorari denied, 328 U.S. 868, 66 S.Ct. 1372, 90 L.Ed. 1639 (1946); Wong Doo v. United States, 265 U.S. 239, 44 S.Ct. 524......
  • United States v. Shaughnessy, No. 287
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 11, 1953
    ...239, 241, 44 S.Ct. 524, 68 L.Ed. 999; United States ex rel. McCann v. Thompson, supra; United States ex rel. Karpathiou v. Jordan, 7 Cir., 153 F.2d 810, certiorari denied 328 U.S. 868, 66 S.Ct. 1372, 90 L.Ed. 6 "9. That on April 6, 1945, favorable discretionary relief was exercised her......

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