Carlson v. Landon. Stevenson v. Landon. Hyun v. Landon. Carlisle v. Landon

Good Law
187 F.2d 991·1951 U.S. App. LEXIS 2349
United States Court of Appeals for the Ninth CircuitMarch 13, 195112742-12745California7,283 words

Opinion

Opinion

Stephens, J.

The above entitled proceedings in habeas corpus are here upon a second appeal after remand with instructions. The appellant-petitioners, all aliens, are being held by the local Director of Immigration (Landon) upon instructions from the Attorney General of the United States, pending hearing upon warrants of arrest and for deportation under the Act of October 16, 1918, as amended by the Internal Security Act of 1950, ch. 1024, Pub.Law 831, 8 U.S.C.A. § 137 et seq. Petitioners separately demanded their release through petitions for the issuance of the writ of habeas corpus, and the district court dismissed the proceedings upon a show cause order. We reversed and remanded.

In our opinion in the Carlson case, No. 12742, 9 Cir., 1950, 186 F.2d 183 , we discussed the law which we deemed applicable to all of the cases and held (1) in accordance with the district court that the provision of the 1950 amendment to the Act of October 16, 1918, which refers to the release of aliens under arrest for deportation pending a hearing, requires the exercise of discretion on the part of the Attorney General in providing for release of the arrestee under bail or his detention without bail, Sec. 23,…

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