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UNITED STATES EX REL. POTASH v. DISTRICT DIRECTOR OF IM. AND NAT.

No. 206, Docket 20948.

169 F.2d 747 (1948)

UNITED STATES ex rel. POTASH v. DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION AT PORT OF NEW YORK.

Circuit Court of Appeals Second Circuit.

August 3, 1948.

Attorney(s) appearing for the Case

Pressman, Witt & Cammer, of New York City (Lee Pressman, Carol King, Nathan Witt, Harold I. Cammer, Bella S. Abzug, and Ralph Shapiro, all of New York City, of counsel), for appellant.

John F. X. McGohey, U. S. Atty., of New York City, (David McKibbin and Harold J. Raby, Asst. U. S. Attys., and Robert A. Vielhaber, Atty., U. S. Dept. of Justice, Immigration & Naturalization Service, all of New York City, of counsel), for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The relator Potash was arrested on March 1, 1948, and placed in the custody of the Director of Immigration and Naturalization at Ellis Island, pursuant to a warrant charging that he was in the United States in violation of the immigration laws and subject to deportation as a member of and affiliated with an organization that advocates the overthrow by force and violence of the Government of the United States. Pursuant to the direction...

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