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UNITED STATES v. ESPERDY

No. 165, Docket 22592.

202 F.2d 109 (1953)

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

United States Court of Appeals Second Circuit.

Decided February 11, 1953.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty. for the Southern District of New York (William J. Sexton, Asst. U. S. Atty. and Lester Friedman, Attorney, Immigration and Naturalization Service, Department of Justice, New York City, of counsel), for respondent.

Milton H. Friedman, New York City (Milton H. Friedman, Blanch Freedman and Robert Silk, New York City, of counsel), for relator.

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

CHASE, Circuit Judge.

The relator-appellant is an alien who is presently detained on an immigration warrant without bail at Ellis Island, N. Y. This is an appeal from the dismissal of a writ of habeas corpus challenging the legality of appellant's detention pending a determination as to his deportability.

He was taken into custody on July 6, 1950 on an immigration warrant, dated July 5, 1950, charging that he was unlawfully in the United States and subject...

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