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UNITED STATES v. ESPERDY

108 F.Supp. 735 (1952)

UNITED STATES ex rel. YARIS v. ESPERDY, Acting District Director of Immigration and Naturalization Service, Port of New York.

United States District Court S. D. New York.

December 8, 1952.

Attorney(s) appearing for the Case

Milton H. Friedman, New York City, for relator.

Myles J. Lane, U. S. Atty., S. D. New York, New York City, William J. Sexton, Asst. U. S. Atty., New York City, of counsel, Louis Steinberg, District Counsel, U. S. Immigration and Naturalization Service, New York City, Max Blau, U. S. Immigration and Naturalization Service, New York City, for respondent.

IRVING R. KAUFMAN, District Judge.

The relator, Harry Yaris, is presently in the custody of the Immigration and Naturalization Service on Ellis Island where he is being detained without bail. By this writ of habeas corpus he challenges the legality of his detention asserting that the refusal of bail constitutes an abuse of the discretionary authority vested in the Attorney General.1 Yaris was taken into custody on or about July 6, 1950...

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