Yiakoumis v. Hall, No. 112-115.
| Court | United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia) |
| Writing for the Court | BRYAN |
| Citation | 83 F. Supp. 469 |
| Parties | YIAKOUMIS v. HALL et al. and three other cases. |
| Decision Date | 25 February 1949 |
| Docket Number | No. 112-115. |
83 F. Supp. 469
YIAKOUMIS
v.
HALL et al. and three other cases.
Nos. 112-115.
United States District Court E. D. Virginia, Newport News Division.
February 25, 1949.
J. L. Morewitz, of Newport News, Va., for petitioners.
John P. Harper, Asst. U.S. Atty., of Norfolk, Va., and George R. Humrickhouse, U.S. Atty., of Richmond, Va., for respondents.
BRYAN, District Judge.
In all of these cases the petitioners seek their release through habeas corpus from custody under warrants issued by authority of the District Director for the Immigration and Naturalization Service, at Baltimore. The petitioners were, at the time of the filing of the petitions, confined in the city jail at Newport News, Virginia, the first three under warrants for a hearing to show cause why they should not be deported, and the fourth petitioner, Nicolas Bogiatzis, was held for deportation under a warrant also signed by the District Director.
The petitioners are Greek nationals, and, so far as the record here discloses, are bona fide seamen within the meaning of sec. 3 of the Immigration Act of 1924, 8 U.S.C.A. § 203. The arrest of each of them was on the charge that he had violated sec. 14 of the Act, 8 U.S.C.A. § 214, in that, after entering the United States as an alien seaman, he remained for a longer time than was permitted under the authorized regulations, 8 C.F.R. 120.21, that is, beyond "the time the vessel on which the alien arrives remains in the United States and in no event to exceed 29 days".
Yiakoumis and Gafos entered the United States at Newport News, Virginia, on January 2, 1949, as members of the crew of the S.S. Psara, and remained ashore after she sailed from Newport News for a foreign port on January 5, 1949. They were arrested on that day.
Xagoraris last entered the United States at Newport News, Virginia, on November 5, 1948, as a member of the crew of the S.S. Liberator, and remained ashore after she sailed from Newport News for a foreign port on January 5, 1949. He was arrested the same day.
Bogiatzis last entered the United States at Houston, Texas, on December 24, 1948, as a member of the crew of the S.S. Demosthenes, and remained ashore after she left the United States for a foreign port on December 25, 1948. He was arrested in Newport News, Virginia, on a warrant issued January 3, 1949.
In substance the contentions of all of the petitioners are (1) that as they were bona fide merchant seamen, on temporary shoreleave, ready, able and willing to reship foreign, their arrest previous to the expiration of 29 days, was arbitrary and capricious, (2) that their arrest is contrary to the provisions of the 1929 Convention for the Safety of Life at Sea, 50 Stat. 1121, denying the authority of anyone to hold a seaman on board a vessel against his will in a safe harbor, when the seaman has been officially admitted thereto as a member of the crew of a vessel, or to compel the seaman to go to sea against his will, and (3) that the Administrative Procedure Act, June 11, 1946, c. 324, § 1 et seq., 60 Stat. 237, as amended, 5 U.S.C.A. § 1001 et seq., governs deportation proceedings by the Attorney General under the Immigration Act, 8 U.S.C.A. § 155, and that the conduct of the present proceedings have not been, and will not be, in accordance with the Act.
The first three petitions should be considered separately from the Bogiatzis petition.
Yiakoumis, Gafos and Xagoraris
It is to be observed that the warrants of arrest of these three seamen are
Bogiatzis
With respect to the petition of Nicolas Bogiatzis the stage of his deportation case entitles him to a determination now of the grounds averred for his release. To repeat, he entered the United States at Houston, Texas, on December 24, 1948, as a member of the...
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Heikkila v. Barber, No. 426
...S.Ct. 1443, 89 L.Ed. 2103. 12. The lower courts have split on this question and we express no opinion on it now. Yiakoumis v. Hall, D.C., 83 F.Supp. 469; U.S. ex rel. Lindenau v. Watkins, D.C., 73 F.Supp. 216. 13. See Paolo v. Garfinkel, 3 Cir., 200 F.2d 280....
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Hou Ching Chow v. Attorney General, Civ. A. No. 2418-72.
...reporting the 1952 Bill, at 98 Cong.Rec. 5626. 8 The one case cited by Defendant in support of his position, Yiakoumis v. Hall, 83 F.Supp. 469 (E.D.Va.1949), was expressly reversed on the authority of Wong Yang Sung v. McGrath, sub nom. Kokoris v. Johnson, 180 F.2d 355 (4th Cir. 1950); cf. ......
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Prince v. COMMISSIONER OF IMMIGRATION & NATURALIZATION, Civ. A. No. 25968.
...States ex rel. Vajtauer v. Commissioner, 273 U.S. 103, 47 S.Ct. 302, 71 L.Ed. 560. As was said in Yiakoumis v. Hall et al., D.C.E.D.Va., 83 F.Supp. 469, 472: "When the `foreign affairs functions' of the United States are involved in any legislation * * * or adjudication by an administr......
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Bogiatzis v. Hall, No. 6386.
...Judge upheld the order of deportation on the ground that the Administrative Procedure Act had no application. Yiakoumis v. Hall, D.C., 83 F.Supp. 469, 471. We reversed that decision on the authority of Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616, and remanded the case......
-
Heikkila v. Barber, No. 426
...S.Ct. 1443, 89 L.Ed. 2103. 12. The lower courts have split on this question and we express no opinion on it now. Yiakoumis v. Hall, D.C., 83 F.Supp. 469; U.S. ex rel. Lindenau v. Watkins, D.C., 73 F.Supp. 216. 13. See Paolo v. Garfinkel, 3 Cir., 200 F.2d 280....
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Hou Ching Chow v. Attorney General, Civ. A. No. 2418-72.
...reporting the 1952 Bill, at 98 Cong.Rec. 5626. 8 The one case cited by Defendant in support of his position, Yiakoumis v. Hall, 83 F.Supp. 469 (E.D.Va.1949), was expressly reversed on the authority of Wong Yang Sung v. McGrath, sub nom. Kokoris v. Johnson, 180 F.2d 355 (4th Cir. 1950); cf. ......
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Prince v. COMMISSIONER OF IMMIGRATION & NATURALIZATION, Civ. A. No. 25968.
...States ex rel. Vajtauer v. Commissioner, 273 U.S. 103, 47 S.Ct. 302, 71 L.Ed. 560. As was said in Yiakoumis v. Hall et al., D.C.E.D.Va., 83 F.Supp. 469, 472: "When the `foreign affairs functions' of the United States are involved in any legislation * * * or adjudication by an administrative......
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Bogiatzis v. Hall, No. 6386.
...Judge upheld the order of deportation on the ground that the Administrative Procedure Act had no application. Yiakoumis v. Hall, D.C., 83 F.Supp. 469, 471. We reversed that decision on the authority of Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616, and remanded the case......