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UNITED STATES v. MARSHALL

No. 5190.

67 F.2d 1020 (1933)

UNITED STATES of America ex rel. Frank or Franjo BORIC or Borich, Appellant, v. William H. MARSHALL, District Director of Immigration, Appellee.

Circuit Court of Appeals, Third Circuit.

October 19, 1933.

Attorney(s) appearing for the Case

Jacob Seligsohn and Alexander H. Schullman, both of Pittsburgh, Pa., for appellant.

Horatio S. Dumbauld, U. S. Atty., of Uniontown, Pa., and Lloyd W. Bryan, Asst. U. S. Atty., of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM.

In the court below (4 F.Supp. 965), the trial judge discharged a writ of habeas corpus and remanded to the immigration authorities Franjo Boric, an alien about to be deported as being a member of an organization which advocates the overthrow by force and violence of our government.

As usual in such cases, the alien, to prevent his deportation, now invokes the law of the government he seeks to destroy. The statutes...

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