MILLER v. UNITED STATES

No. 12999.

181 F.2d 363 (1950)

MILLER, District Director, v. UNITED STATES ex rel HUNT.

United States Court of Appeals Fifth Circuit.

April 7, 1950.


Attorney(s) appearing for the Case

Ernest L. Duhaime, Asst. U. S. Atty., of Miami, Fla., Herbert S. Phillips, U. S. Atty., of Tampa, Fla., for appellant.

Edward J. Nelson, Douglas D. Batchelor, both of Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.


WALLER, Circuit Judge.

The District Director of Immigration and Naturalization Service at Miami appeals from an order in habeas corpus proceedings in the Court below, under the provisions of which he was ordered to release from custody Albert Cecil Hunt, theretofore held by Appellant under a warrant of deportation.

The question presented here is quite narrow, viz., whether a timely-issued warrant of arrest, as distinguished from a warrant of deportation, serves...

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