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UNITED STATES v. UHL

No. 263.

137 F.2d 903 (1943)

UNITED STATES ex rel. D'ESQUIVA v. UHL, District Director of Immigration.

Circuit Court of Appeals, Second Circuit.

August 18, 1943.

Attorney(s) appearing for the Case

Arthur Garfield Hays, of New York City (Hays, St. John, Abramson & Schulman and James R. Cherry, all of New York City, on the brief), for petitioner-appellant.

Samuel Brodsky, Asst. U. S. Atty., of New York City (Mathias F. Correa, U. S. Atty., and Stuart Z. Krinsly, Asst. U. S. Atty., both of New York City, and Edward J. Ennis, Director, Alien Enemy Control Unit, Dept. of Justice, and Leo Gitlin, Atty., Dept. of Justice, both of Washington, D. C., on the brief), for respondent-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

By habeas corpus the relator sought release from detention by the respondent, who holds him in custody as an alien enemy under an order of the Attorney General purporting to act pursuant to the Alien Enemy Act, 50 U.S.C.A. § 21, and the presidential proclamation of December 8, 1941, No. 2526, 6 Fed. Reg. 6323. Appellant is a Jew born in Vienna, Austria, in 1891. His parents were native citizens of the Austro-Hungarian Empire. His petition...

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