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DEL GUERCIO v. GABOT

No. 11433.

161 F.2d 559 (1947)

DEL GUERCIO, District Director Immigration and Naturalization Service, v. GABOT.

Circuit Court of Appeals, Ninth Circuit.

May 13, 1947.

Attorney(s) appearing for the Case

James M. Carter, U. S. Atty., Ronald Walker and Robert Wright, Asst. U. S. Atty., all of Los Angeles, Cal. (Bruce G. Barber, Chief, Adjudication Division, Immigration and Nat. Service, of Los Angeles, Cal., of counsel), for appellant.

L. A. Gordon and Harry Wolpin, both of Los Angeles, Cal., for appellee.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

STEPHENS, Circuit Judge.

The petitioner, Sebastian Gabot, was about to be deported, when he sought release from the District Director of Immigration by petition for the writ of habeas corpus. The court granted the writ, and ordered the release as prayed. The Director appeals.

Gabot, a native of the Philippine Islands, legally entered the Territory of Hawaii, at Honolulu, September 9, 1927, and remained there until he left for Continental United States, arriving...

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