Yanish

Yanish v. Barber

Good Law
128 F. Supp. 240·1955 U.S. Dist. LEXIS 3656
United States District Court, Northern District of CaliforniaFebruary 2, 1955Civ. A. No. 29013California1,225 words

Opinion

lead Opinion

Carter, J.

The matter before this Court is a motion by respondent, the District Director of the Immigration and Naturalization Service, to modify an order entered by United States District Judge Dal M. Lemmon restraining respondent from imposing certain conditions on the issuance, to petitioner of a bail bond pending final disposition of the deportation proceedings against petitioner.

When deportation proceedings were begun against petitioner in 1946, he was released from custody on $500 bond containing the conditions usual at that time, that he be produced for hearings with regard to the charge and for deportation if that were eventually ordered. At a hearing in 1949 the Immigration and Naturalization Service told him that he would be required to post a $5,000 bond containing the added condition that he report periodically in person to an office of the Service. Petitioner then instituted this proceeding, seeking to enjoin respondent from enlarging the amount of the bond and from imposing additional conditions such as requiring periodic visits to an office of the Service. In 1950 Judge Lemmon entered an order denying an injunction as to the increase in the amount of the bond, but enjoining…

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