Evanoff

Evanoff v. Bonham

Good Law
50 F.2d 756·1931 U.S. App. LEXIS 4568
United States Court of Appeals for the Ninth CircuitJune 15, 1931No. 6375California1,452 words

Opinion

Lead Opinion

Wilbur, J.

Appellants are aliens detained under a warrant of deportation. They filed petitions for writs of habeas corpus in the United States District Court for the District of Oregon. In response to these writs, R. P. Bon-ham, the District Director of Immigration at Portland, Or., filed answers and returns, to which petitioners filed reply. Upon the hearing the petitions were dismissed. Separate appeals are taken from this order of dismissal which by stipulation are to be heard on a single transcript. The warrants of deportation are based upon the finding of the immigration authorities that the petitioners are members of “an organization, association, society or group that believes in, advises, advocates and teaches the overthrow by force and violence of the government of the United States.”

The petitions for the writ of habeas corpus were based upon the ground that the appellants did not have a fair trial before the immigration authorities. In this regard the petition alleges that, while the petitioners *757 were imprisoned and restrained by the poliee of the city of Portland, Multnomah county, Or., they were required to give testimony and answer questions propounded by the immigration…

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