Yanish v. Barber, Civ. A. No. 29013.

• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
• Citation: 128 F. Supp. 240
• Decision Date: 02 February 1955
• Parties: Nat YANISH, Plaintiff, v. Bruce BARBER, District Director, Immigration and Naturalization, Defendant.
• Docket Number: Civ. A. No. 29013.

128 F. Supp. 240

Nat YANISH, Plaintiff,
v.
Bruce BARBER, District Director, Immigration and Naturalization, Defendant.

Civ. A. No. 29013.

United States District Court, N. D. California, S. D.

February 2, 1955.

128 F. Supp. 241

Gladstein, Andersen & Leonard, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for respondent.

OLIVER J. CARTER, District Judge.

The matter before this Court is a motion by respondent, the District Director of the Immigration and Naturalization Service, to modify an order entered by United States District Judge Dal M. Lemmon restraining respondent from imposing certain conditions on the issuance to petitioner of a bail bond pending final disposition of the deportation proceedings against petitioner.

When deportation proceedings were begun against petitioner in 1946, he was released from custody on $500 bond containing the conditions usual at that time, that he be produced for hearings with regard to the charge and for deportation if that were eventually ordered. At a hearing in 1949 the Immigration and Naturalization Service told him that he would be required to post a $5,000 bond containing the added condition that he report periodically in person to an office of the Service. Petitioner then instituted this proceeding, seeking to enjoin respondent from enlarging the amount of the bond and from imposing additional conditions such as requiring periodic visits to an office of the Service. In 1950 Judge Lemmon entered an order denying an injunction as to the increase in the amount of the bond, but enjoining respondent from revising or amending the bail bond by requiring periodic visits by petitioner to the Immigration Service or in any other particular except as to the principal amount of the bond.

On March 9, 1953 petitioner was informed by the Immigration Service that he would be imprisoned unless he posted a new bond containing various conditions including a requirement of periodic visits to the Immigration Service. Petitioner then filed a petition that respondent be held in contempt of Judge Lemmon's order of July 28, 1950. The Court declined to order that respondent show cause why he should not be held in contempt, basing its order on the fact that the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1101 et seq., had become effective before respondent attempted to impose further conditions on petitioner being admitted to bail, and that Act empowers the Attorney General, during the pendency of deportation proceedings, to release aliens on a bond containing such conditions as the Attorney General may prescribe. On appeal this order was reversed, Yanish v. Barber, 9 Cir., 211 F.2d 467, the court holding that the injunction issued by Judge Lemmon continued to be valid and to require obedience until modified or set aside in appropriate proceedings. The court said at page 470:

"It would appear from the language of this reservation that Congress, as a measure of policy or precaution, intended to preserve the effectiveness of all subsisting proceedings, orders, or judgments fixing or determining individual statuses, obligations, liabilities, or rights; and for this purpose to have continued in force the statutes or

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