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TASSARI v. SCHMUCKER

No. 3218.

53 F.2d 570 (1931)

TASSARI v. SCHMUCKER, District Director of Immigration, et al.

Circuit Court of Appeals, Fourth Circuit.

November 7, 1931.

Attorney(s) appearing for the Case

J. L. Morewitz, of Norfolk, Va. (Morewitz & Morewitz, of Newport News and Norfolk, Va., on the brief), for appellant.

Robt. H. Talley, U. S. Atty. (Alvah H. Martin, Asst. U. S. Atty., both of Norfolk, Va., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

The appellant, who is admittedly an alien, is in custody under a warrant for deportation issued by the Acting Secretary of Labor. He petitioned the District Court for a writ of habeas corpus for his release. The hearing resulted in a dismissal of the petition and a remand of the appellant to the custody of the District Director of Immigration for deportation. This appeal has been taken from the order of dismissal and remand, which also stayed...

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