William James Farquharson v. H. R. Landon, District Director Immigration and Naturalization Service, Department of Justice, District No. 16

This is an appeal from a judgment of the District Court denying a petition in behalf of Farquharson for a writ of habe-as corpus, dissolving a restraining order and remanding petitioner to the custody of the District Director for deportation according to law.

The record shows that the petition was filed and order to show cause why petitioner should not be restored to his liberty was issued to the District Director, who had custody of Farquharson, together with an order restraining the official from removing petitioner from the jurisdiction of the court pending further order. Landon, the District Director, filed a return to the petition, setting up the regularity of the proceeding and attaching the complete administrative record of the Immigration and Naturalization Service pertaining to petitioner.

The trial judge held a hearing at which no testimony was taken upon the question of whether the writ should issue. Petitioner was not brought into court since there was apparent agreement that all the facts were set out in the documents appended to the petition and the return.

The court found the facts set forth below.

Farquharson, an alien and citizen of England, entered this…