UNITED STATES v. ESPERDY


108 F.Supp. 640 (1952)

UNITED STATES ex rel. SCHNEIDER v. ESPERDY, Acting District Director of the Immigration and Naturalization Service at the Port of New York. UNITED STATES ex rel. JUDITZ v. DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION AT PORT OF NEW YORK. UNITED STATES ex rel. NUKK v. DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION AT PORT OF NEW YORK et al. UNITED STATES ex rel. SIMINOFF v. DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION AT PORT OF NEW YORK.

United States District Court S. D. New York.

December 10, 1952.


Attorney(s) appearing for the Case

Witt & Cammer, New York City, for Jack Schneider.

Blanch Freedman, New York City (Harry Sacher, New York City, of counsel), for Paul Juditz and Joseph Siminoff.

Ira Gollobin, New York City, for Michael Nukk.

Myles J. Lane, U. S. Atty., New York City (Nathan Skolnik and William J. Sexton, Asst. U. S. Attys., New York City, and Max Blau, Attorney, Immigration and Naturalization Service, New York City, of counsel), for respondent.


McGOHEY, District Judge.

These four petitioners are aliens presently held without bail in deportation proceedings. Prior to October 24, 1952, when they were taken and thus held, each of them had been at large on bail for a substantial period of time. They assert that the Attorney General's decision to rearrest and hold them without bail was "arbitrary, capricious and unreasonable."

After argument, hearings were...

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