Medina v. Hartman

260 F.2d 569 Enrique MEDINA Fernandez, Ginas Jiminez Nortes, Victor Rodriguez, Manuel Fernandez Rodriguez and Augustin Cabrera Oroza, Appellants, v. Charles C. HARTMAN, Rear Admiral and Commandant of Eleventh U.S. Naval District, and Richard C. Hoy, district director, U.S. Immigration and Naturalization Service, Appellees. No. 15657. United States Court of Appeals Ninth Circuit. July 17, 1958. A. L. Wirin and Hugh R. Manes, Los Angeles, Cal., Francis Heisler, Carmel, Cal., for appellants. Laughlin E. Waters, U.S. Atty., James R. Dooley, Asst. U.S. Atty., Los Angeles, Cal., for appellees. Before FEE and CHAMBERS, Circuit Judges, and CHASE A. CLARK, District judge. CHAMBERS, Circuit Judge. 1 Five sailors of the Spanish Navy held by the Immigration Service at or near San Diego, California, Resist this government's intentions to return them through the agency of the United States Navy to the Spanish Navy. All deserted during the month of June, 1957. At the time of desertion they were assigned to two Spanish destroyers, the Lapanto and the Almirante Ferrandiz. The ships were in the harbor at San Diego. While on shore leave, within the time limits thereof, the sailors, intending to…