In re Galvan
Opinion
lead Opinion
Weinberger, J.
Robert Norbert Galvan has this day filed a petition and application for writ of habeas corpus.
It appears that on December 21, 1951, in case No. 1318, petitioner filed a prior proceeding asking that a writ of habeas corpus be issued, alleging that he was illegally detained by the officials of the Immigration and Naturalization Service of this Division and District.
Petitioner had been ordered deported after proceedings had leading to a warrant of deportation issued October 30, *393 -1951, on the ground that he was an alien who had, after entry into the United ■States, been a member of the Communist Party.
This Court, after hearing, denied the writ; petitioner appealed to the United States Court of Appeals for the Ninth Circuit, and this court’s decision was affirmed. Galvan v. Press, 201 F.2d 302 . Thereafter, writ of certiorari was granted, 346 U.S. 812 , 74 S.Ct. 53 , and on May 24, 1954, the United States Supreme Court rendered its decision, 347 U.S. 522 , 74 S.Ct. 737 , affirming the judgment. Thereafter, the mandate was stayed by the Supreme Court until November 24, 1954, when said mandate was spread upon the minutes of this Court.