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UNITED STATES v. SWING

No. 16169.

239 F.2d 759 (1956)

UNITED STATES of America ex rel. Rosbel DE LA FUENTE, Appellant, v. General J. H. SWING et al., Appellees.

United States Court of Appeals, Fifth Circuit.

December 21, 1956.

Attorney(s) appearing for the Case

C. E. Blodget, Edinburg, Tex., Roy D. Buckley, Mission, Tex., for appellant.

Brian S. Odem, Asst. U. S. Atty., Malcolm R. Wilkey, U. S. Atty., Houston, Tex., for appellees.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

By a petition for habeas corpus and for an injunction, appellant, a Mexican citizen who had admittedly entered the United States illegally, sought to be released from custody under, and relieved from the compulsion of, an order of the immigration authorities entered in a deportation hearing held March 16, 1954. This order excluded him from admission to the United States and ordered him deported to Mexico on the ground that in the year 1949...

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