Ex Parte Kurth

The petitioners seek to stay an order of deportation. Their petition for a writ of habeas corpus, in its amended form, nowhere asserts their right to be in the United States.

It merely alleges, in a general way, that the petitioners are imprisoned and confined and restrained of their liberty by Honorable Albert Del Guercio, United States Immigrant Inspector and Law Officer attached to the Immigration and Naturalization Service of the United States Department of Labor at Los Angeles, California; that said imprisonment, detention, confinement, and restraint are illegal; and that the illegality thereof consists in the following: “That said petitioners are being imprisoned under and by virtue of a purported order of deportation to Germany, which said order is now void and of no force and effect in the following respects and particulars.”

The allegations which follow are to the effect that the petitioners are refugees, and that, as a matter of fact, such an order would subject them to punishment and deny the constitutional right of freedom of asylum of political refugees and due process of law.

Then follow allegations relating to alleged acts said to have been committed pri- or to…