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UNITED STATES v. PERKINS

No. 53.

79 F.2d 533 (1935)

UNITED STATES ex rel. OHM v. PERKINS, Secretary of Labor et al.

Circuit Court of Appeals, Second Circuit.

November 4, 1935.

Attorney(s) appearing for the Case

Irving Schwab, of New York City (George E. Netter and Isaac Katz, both of New York City, of counsel), for appellant.

F. W. H. Adams, U. S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

This writ of habeas corpus brings into question the legality of the appellant's order of deportation. The writ was dismissed below. He was ordered deported because he was found to be an alien and a member of the Communist Party, an organization or group which believes in, advises, and advocates the overthrow by force or violence of the government of the United States, or of all forms of law. If it be the fact, the appellant may be legally deported. Kjar...

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