Carlisle

Carlisle v. Landon, District Director of Immigration and Naturalization Service

Good Law
206 F.2d 191·1953 U.S. App. LEXIS 2732
United States Court of Appeals for the Ninth CircuitJune 26, 195313878California3,117 words

Opinion

Opinion

Pope, J.

This appellant is the same Harry Carlisle who unsuccessfully appealed from a judgment denying his petition for writ of habeas corpus in Carlisle v. Landon, 9 Cir., 187 F.2d 991 , and which judgment was affirmed in Carlson v. Landon, 342 U.S. 524 , 72 S.Ct. 525 , 96 L.Ed. 547 . Now, as at the times stated in those former proceedings, he is being detained by appellee Landon, as District Director of the Immigration and Naturalization Service, as an alien charged with being deportable as a member of the Communist Party. He was arrested on May 18, 1953, and is being held without bail, upon direction of the Attorney General. Following that arrest he filed this present petition for a writ of habeas corpus in the court below. An order to show cause was issued, and after return thereto by appellee as respondent, which was put in issue by a traverse, a hearing was had. Judgment was that the appellant’s detention was lawful, as “a reasonable exercise of the discretion of the Attorney General”, and that the petition for the writ he denied. He has filed notice of appeal from that judgment, applied to the district court to be allowed bail pending his appeal, and following that court’s denial,…

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