U.S. ex Rel. Eisler v. Dist. Dir. of Imm. Nat.

Full title: UNITED STATES ex rel. EISLER v. DISTRICT DIRECTOR OF IMMIGRATION…

Court: United States District Court, S.D. New York

Date published: Apr 15, 1947

71 F. Supp. 468 (S.D.N.Y. 1947)

Opinion

Civ. 40-176.

April 1, 1947. Appeal Dismissed April 15, 1947. See 162 F.2d 408.

Carol King, of New York City, for relator.

Habeas corpus proceeding by the United States of America on the relation of Gerhart Eisler against District Director of Immigration and Naturalization at the Port of New York. On motion to release relator on bail pending appeal.

Motion denied.

CONGER, District Judge.

Motion to release relator on bail pending appeal.

The determination of the Attorney-General that the relator is a dangerous enemy alien is not reviewable here. United States ex rel. Schwarzkopf v. Uhl, 2 Cir., 1943, 137 F.2d 898; United States ex rel. De Cicco v. Longo, D.C., D.Conn. 1942, 46 F. Supp. 170.

Nor is there power in the Court to admit to bail under these circumstances. United States ex rel. De Cicco v. Longo, supra; Citizens Protective League v. Byrnes, D.C., D.Columbia, 1942, 64 F. Supp. 233.

Motion denied.

Settle order.