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UNITED STATES v. SHAUGHNESSY

100 F.Supp. 993 (1951)

UNITED STATES ex rel. BURLEIGH v. SHAUGHNESSY, District Director, Immigration and Naturalization Service.

United States District Court S. D. New York.

November 16, 1951.

Attorney(s) appearing for the Case

Feingold & Falussy, New York City, for relator.

Myles J. Lane, U. S. Atty., New York City, for respondent.

DIMOCK, District Judge.

This is a habeas corpus proceeding which raises the question whether setting the amount of $5,000. as bail for the release of an alien held in custody pending deportation proceedings is reviewable and if so whether it constituted an abuse of discretion by the Attorney General. The contention of the relator is that the Attorney General's action was arbitrary and capricious and violative of the Eighth Amendment of the Constitution of the United...

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