United States v. Shaughnessy, 289

Decision Date30 September 1949
Docket NumberNo. 289,Docket 21452.,289
Citation177 F.2d 708
PartiesUNITED STATES ex rel. PIRINSKY v. SHAUGHNESSY.
CourtU.S. Court of Appeals — Second Circuit

Carol King, of New York City (Isidore Englander and Harry M. Justiz, both of New York City, on the brief), for relator-appellant.

Harold J. Raby, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., of New York City, and Louis Steinberg, Dist. Counsel, and Lester Friedman, Atty., New York Dist., Immigration and Naturalization Service, on the brief), for respondent-appellee.

Before SWAN and CLARK, Circuit Judges, and HINCKS, District Judge.

PER CURIAM.

The relator, an alien who entered this country in 1923, was taken into custody in deportation proceedings on September 23, 1948, and then released on $1,000 bail. On July 7, 1949, he was rearrested and all bail refused. He then sought this writ of habeas corpus. At the first hearing the district judge after taking testimony ruled that under U. S. ex rel. Potash v. District Director of Immigration and Naturalization at Port of New York, 2 Cir., 169 F.2d 747, and U. S. ex rel. Doyle v. District Director of Immigration and Naturalization at Port of New York, 2 Cir., 169 F.2d 753, the denial of bail was an abuse of administrative discretion and the writ "must be sustained unless the Attorney General promptly releases the relator on bail in a reasonable amount." Thereafter the Attorney General set bail at $25,000, and the relator again sought release on the ground that the setting of such high bail was unreasonable. Another district judge, before whom the case then came, denied the application and discharged the writ, without opinion. This appeal followed.

It was brought out at the argument before us that the bail ultimately set was uniquely high in this type of proceeding. While that fact in itself should presumably not be controlling, since the issue in each case must be individual as to the amount reasonably designed to insure the alien's necessary attendance upon the proceedings, yet the circumstances of this relator are not such as to suggest unusual doubt as to his continued availability here. He has worked in this country since 1923 and has been an official in Macedonian and Bulgarian organizations here. He is married to an American citizen and has an infant son. Respondent, claiming also that the first district judge was in error in interfering with the Attorney General's denial of any...

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17 cases
  • Carlson v. Landon Butterfield v. Zydok
    • United States
    • U.S. Supreme Court
    • 10 Marzo 1952
    ...him was without a reasonable foundation.' See U.S. ex rel. Doyle v. District Director, 2 Cir., 169 F.2d 753; U.S. ex rel. Pirinsky v. Shaughnessy, 2 Cir., 177 F.2d 708; U.S. ex rel. De Geronimi v. Shaughnessy, 2 Cir., 187 F.2d 896. (This is the only case from the Second Circuit Court of App......
  • United States v. Field
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 30 Octubre 1951
    ...States ex rel. Potash v. District Director of Immigration and Naturalization, 2 Cir., 169 F.2d 747, 751; United States ex rel. Pirinsky v. Shaughnessy, 2 Cir., 177 F.2d 708; Zydok v. Butterfield, 6 Cir., 187 F. 2d 802, 804; Williamson v. United States, 2 Cir., 184 F.2d 280; People of the St......
  • Harisiades v. Shaughnessy
    • United States
    • U.S. District Court — Southern District of New York
    • 9 Febrero 1950
    ...Government of the United States by force and violence." 7 See Connor v. Miller, 2 Cir., 178 F.2d 755. 8 See United States ex rel. Pirinsky v. Shaughnessy, 2 Cir., 177 F.2d 708, September 30, 9 I believe that that observation does not apply to membership in the Communist Party of the United ......
  • United States v. McGrath
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 28 Marzo 1950
    ...of the two foregoing views we accept, the refusal to suspend action here, on the record facts, was improper. In U. S. ex rel. Pirinsky v. Shaughnessy, 2 Cir., 177 F.2d 708, 709, an alien, a resident of this country, was arrested and taken in custody in deportation proceedings. On his applic......
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