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WARD v. DE BARROS

No. 2968.

75 F.2d 34 (1935)

WARD, Commissioner of Immigration, v. DE BARROS.

Circuit Court of Appeals, First Circuit.

January 31, 1935.

Attorney(s) appearing for the Case

Arthur J. B. Cartier, Asst. U. S. Atty., of Boston, Mass. (Francis J. W. Ford, U. S. Atty., of Boston, Mass., on the brief), for appellant.

Antonio De J. Cardozo, of Boston, Mass., for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judge.

BINGHAM, Circuit Judge.

This is an appeal from an order of the District Court for Massachusetts, of June 13, 1934, sustaining a writ of habeas corpus and discharging the petitioner from custody. He was arrested on a departmental warrant March 29, 1934, and the petition for the writ was filed May 14, 1934.

The petitioner (appellee) is 26 years old. He is a citizen and native of Portugal, who was smuggled into this country at New Bedford, Mass., in November...

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