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UNITED STATES v. ESPERDY

188 F.Supp. 491 (1960)

UNITED STATES of America ex rel. Julius SZLAJMER, Relator, v. P. A. ESPERDY, District Director of Immigration, Port of New York, and Captain Loroch, Captain of THE M. S. OLESNICA, Respondents.

United States District Court S. D. New York.

October 26, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for respondent Esperdy (Roy Babitt, Sp. Asst. U. S. Atty., New York City, of counsel).

Wolf, Popper, Ross, Wolf & Jones, New York City, for Captain Loroch of the S. S. Olesnica (Paul L. Ross, New York City, of counsel).

Bella V. Dodd, New York City, for petitioner. American Civil Liberties Union, amicus curiae (Edith Lowenstein, New York City, of counsel).

MacMAHON, District Judge.

This is a petition for a writ of habeas corpus by an alien crewman challenging his detention by the Master of a Polish ship under an order of the Immigration and Naturalization Service. The order summarily revoked relator's landing permit and remanded him to the Master for deportation without a hearing despite his plea for political asylum. The case raises questions of first impression regarding the rights of alien crewmen under § 243...

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