Yanish

Yanish v. Barber

Caution
211 F.2d 467·1954 U.S. App. LEXIS 2571
United States Court of Appeals for the Ninth CircuitMarch 22, 195413836_1California1,820 words

Opinion

Opinion

Healy, J.

Appellant petitioned the district court for an order holding appellee, District Director of Immigration and Naturalization, in contempt of an injunction earlier issued by the same fc'ourt, but by a different judge. The court declined to issue a show cause order and dismissed the petition. We think its action was error.

Following is a summary of the factual background of the case: Appellant, hereafter referred to as the petitioner, is an alien who lawfully entered the United States in 1917, at the age of seven, and has since continuously been a resident here. In April 1946 he was arrested on a warrant charging him with being in the United States in violation of the Act of October 16,1918, as amended, 8 U.S.C.A. § 137 , in that since entry he was a member of an organization that advises, advocates, or teaches the overthrow, by force or violence, of the government of the United States. Pending final disposition of the charge he was released under a bond in the sum of $500 conditioned as required by the then statute, 8 U.S.C.A. § 156 , namely, that he be produced when required for hearing or hearings in regard to the charge, and for deportation if ultimately determined to be…

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