Jose Angel Ocon v. Herman R. Landon, District Director, Immigration and Naturalization Service

We are considering an appeal by Jose Angel Ocon from an order of the district court dismissing a petition for the issuance of the writ of habeas corpus in which petitioner sought to be released on bail bond from the custody of respondent, pending termination of an action in the district court wherein petitioner alleges that an administrative order to deport appellant is wholly illegal.

Prior to the filing of the petition for habeas corpus, Ocon had been arrested under an Attorney General’s warrant issued in a proceeding to deport him as an alien who “is or at any time has been after entry a member of the Communist Party of the United States” under the provisions of the Immigration and’Naturalization Act óf 1952. Before the hearing on the charge, he had been released on bail from detention and later, but before the issuance of the deportation order, he had been retaken into -custody and was held without the privilege of bail. The administrative hearing resulted in the issuance of an order for Ocon’s deportation and he was continued in custody by respondent Landon in his official capacity as District Director of Immigration and Naturalization Service.

After the order of…