Maarten Crijns Derozario v. Commanding Officer, Armed Forces Examining and Induction Station and Secretary of Defense

This is an appeal from an order of the District Court for the Central District of California, denying appellant’s petition for a writ of habeas corpus. The district court entertained the petition under 28 U.S.C. § 2241 (1964). This court has jurisdiction pursuant to 28 U.S.C. § 2253 (1964).

On August 9, 1966, a petition for a writ of habeas corpus was filed on behalf of the appellant Maarten Crijns de-Rozario, alleging that he was unlawfully “detained and restrained of his liberty” by the commanding officer of the Armed Forces Examining and Induction Station, 1033 South Broadway, Los Angeles, California, and by the Secretary of the Defense of the United States. C.T. 2-6. The ground upon which the petition was urged was that the appellant had arbitrarily and illegally been classified I-A (available for military service) by his local draft board, Local Board No. 116, Los Angles County; it was alleged that he should properly have been classified III-A pursuant to 32 C.F.R. § 1622.30 (b) (1967), which grants that classification’s limited deferment to

The district court, after issuing an order to show cause, and an order restraining the respondents from moving deRozario out of the…