McCANDLESS v. UNITED STATES

No. 4134.

44 F.2d 786 (1930)

McCANDLESS, Commissioner of Immigration, v. UNITED STATES, ex rel. PANTOJA et al.

Circuit Court of Appeals, Third Circuit.

October 24, 1930.


Attorney(s) appearing for the Case

Calvin S. Boyer, U. S. Atty., and Charles Denby, Jr., Asst. U. S. Atty., both of Philadelphia, Pa., and Charles M. Bolich, of Allentown, Pa., for appellant.

Adrian Bonnelly, of Philadelphia, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

This case concerns the deportation of Avelino Pantoja, a native of Mexico, and his wife. After hearing a habeas corpus proceeding wherein he raised the question of the legality of his deportation, the court below discharged him from custody. Thereupon the Commissioner of Immigration took this appeal.

The facts are that Pantoja arrived in the United States from Mexico as a seaman on the steamship Monterey on October 3, 1919. He was...

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