United States v. Shaughnessy, No. 289

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtPER CURIAM
Citation177 F.2d 708
Decision Date30 September 1949
Docket NumberNo. 289,Docket 21452.
PartiesUNITED STATES ex rel. PIRINSKY v. SHAUGHNESSY.

177 F.2d 708 (1949)

UNITED STATES ex rel. PIRINSKY
v.
SHAUGHNESSY.

No. 289, Docket 21452.

United States Court of Appeals Second Circuit.

Argued September 16, 1949.

Decided September 30, 1949.


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

177 F.2d 709
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...

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17 practice notes
  • Harisiades v. Shaughnessy
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 9, 1950
    ...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 States, which during Hari......
  • United States v. Field, No. 300-302
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 30, 1951
    ...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 State of Ill. ex rel. Sa......
  • Carlson v. Landon Butterfield v. Zydok, Nos. 35
    • United States
    • U.S. Supreme Court
    • March 10, 1952
    ...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 Appeals since the I......
  • United States v. McGrath, No. 192
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 28, 1950
    ...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 application for release on ......
  • Request a trial to view additional results
17 cases
  • Harisiades v. Shaughnessy
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 9, 1950
    ...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 States, which during Hari......
  • United States v. Field, No. 300-302
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 30, 1951
    ...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 State of Ill. ex rel. Sa......
  • Carlson v. Landon Butterfield v. Zydok, Nos. 35
    • United States
    • U.S. Supreme Court
    • March 10, 1952
    ...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 Appeals since the I......
  • United States v. McGrath, No. 192
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 28, 1950
    ...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 application for release on ......
  • Request a trial to view additional results

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