Ex parte Yabucanin
District Court, D. Montana
Petition for writ of habeas corpus by Dusan Yabucanin. Writ granted. Petitioner discharged, unless a new warrant is issued within 10 days.
1Opinion of the Court
BOURQUIN, District Judge.
The petitioner, an alien, filed a petition herein, alleging unlawful detention for deportation on a warrant therefor issued by the acting Secretary of Commerce and Labor. The petition alleges that the findings and statements in said warrant are not based on legal evidence, and that the said warrant is illegal, in that it orders deportation “to the country whence came,” not naming it. It also alleges facts contrary to the findings. A copy of said warrant was attached to the petition, but not the evidence and report of the proceedings upon which said findings were made…
2Cases cited2 opinions
- In Re BonnerSupreme Court of the United States · 1894
- Low Wah Suey v. BackusSupreme Court of the United States · 1912
3Cited by5 opinions
- Peter Ying and Wong Chai Liang v. Robert F. Kennedy, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1961
- United States Ex Rel. Lisafeld v. SmithDistrict Court, W.D. New York · 1924
- Ex parte GytlDistrict Court, D. North Dakota · 1914
- Kokkosis v. EsperdyDistrict Court, S.D. New York · 1961
- Gagliardo v. KarnuthDistrict Court, W.D. New York · 1945