Carlson

Frank Carlson is being held in custody without bail, as a deportable alien, by Herman R. Landon, District Director of the Immigration and Naturalization Service,- United States Department of Justice (called herein Director). He seeks his liberty on reasonable bail through the petition for the writ of habeas corpus by his attorney. Since Carlson is referred to in the record as the petitioner we shall follow that practice.

Petitioner was arrested and is being held under a warrant issued by Landon upon instruction of the Attorney General of the United States, dated in October, 1950 (called herein the 1950 warrant), in which it is stated: “The Act of Oct. 16, 1918, as amended [by Internal Security Act of 1950 (eh. 1024, Pub.Law 831)] in that he has been, after entry, a member of the following class set forth in Section 1(2) (c) of said Act [ 8 U.S.C.A. § 137 (2) (C)] : An alien who was a member of the Communist Party of the United States,” and in which it is provided: “Pending determination of deportability, the alien named is to be continued in custody. This warrant supersedes that issued on the 20th day of October, 1947.” [called herein the 1947 warrant]

At the time of service of…