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SUMIO MADOKORO v. DEL GUERCIO

No. 11260.

160 F.2d 164 (1947)

SUMIO MADOKORO v. DEL GUERCIO, District Director, Immigration and Naturalization Service.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 4, 1947.

Attorney(s) appearing for the Case

A. L. Wirin and Fred Okrand, both of Los Angeles, Cal., for appellant.

James M. Carter, U. S. Atty., Ronald Walker and Robert E. Wright, Asst. U. S. Attys., and Bruce G. Barber, Chief, Adjudication Div., Immigration and Naturalization Service, all of Los Angeles, Cal., and Edgar Bonsall, Asst. U. S. Atty., of San Francisco, Cal., for appellee.

Before DENMAN, HEALY, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from an order denying the petition for a writ of habeas corpus to release appellant Sannosuke Madokoro from the custody of the Immigration officials. Appellee is holding the custody of appellant after he had been tried before the Immigration Inspectors on charges contained in a warrant, as follows:

"That he is in the United States in violation of the Immigration Act of 1924 in that at the time of his entry he was not...

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