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O'CONNELL v. WARD

No. 3737.

126 F.2d 615 (1942)

O'CONNELL ex rel. KWONG HAN FOO v. WARD, Com'r of Immigration.

Circuit Court of Appeals, First Circuit.

March 10, 1942.

Attorney(s) appearing for the Case

Joseph F. O'Connell, of Boston, Mass. (Joseph F. O'Connell, Jr., of Boston, Mass., on the brief), for appellant.

William J. Koen, Asst. U. S. Atty., of Boston, Mass. (Edmund J. Brandon, U. S. Atty., of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal under 28 U.S.C.A. § 463(a) from an order of the District Court which (1) dismissed a petition for a writ of habeas corpus, (2) discharged the writ, and (3) remanded the relator to the custody of the United States Commissioner of Immigration at Boston.

The relator Kwong Han Foo, otherwise known as Herbert Kwong, presented himself at the port of Boston seeking admission to the United States as an American citizen...

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