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MEDINA FERNANDEZ v. HARTMAN

No. 15657.

256 F.2d 512 (1958)

Enrique MEDINA FERNANDEZ, Ginas Jiminez Nortes, Victor Rodriguez, Manuel Fernandez Rodriguez and Augustin Cabrera Oroza, Appellants, v. Charles C. HARTMAN, Commandant, Eleventh U. S. Naval District, and Albert Del Guercio, District Director of Immigration, Appellees.

United States Court of Appeals Ninth Circuit.

June 9, 1958.

Attorney(s) appearing for the Case

A. L. Wirin, Hugh R. Manes, Los Angeles, Cal., Francis Heisler, Carmel, Cal., for appellants.

Laughlin E. Waters, U. S. Atty., James R. Dooley, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before FEE and CHAMBERS, Circuit Judges, and CHASE A. CLARK, District Judge.

PER CURIAM.

The prediction that petitioners would be shot, if returned to Spain by our government, was made on the hearing upon the merits by their counsel. There was ample evidence that petitioners themselves sincerely entertained that belief.

Now, notwithstanding their previous desertion from a Spanish vessel while on shore leave and subsequent departure from the United States to Mexico, which presently offers them sanctuary if they can again cross the border...

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