Jung Woon Kay v. Carr

NETERER, District Judge.

To reverse an order discharging order to show cause and dismissal of petition for writ and remanding petitioner to the custody of the immigration authorities for deportation, this appeal was prosecuted.

*298Eight errors are assigned. All may be placed in two classes:(a) Failure to disregard the United States Officer’s return to the writ and discharge the petitioner because the return did not specifically deny the allegations of birth of petitioner in the United States and pertinent allegations therein. The return does certify the “true cause of the detention of such party.”…