United States of America, Ex Rel. Tony Marino v. Ralph H. Holton, District Director, Immigration and Naturalization Service, Chicago, Illinois

SCHNACKENBERG, Circuit Judge.

The district court dismissed a writ of habeas corpus which it had issued on the petition of Tony Marino, and remanded him to the custody of respondent’s predecessor, District Director of the Immigration and Naturalization Service of the United States, who had custody of petitioner when the writ was issued, under a warrant for his deportation to Italy from whence he had emigrated to the United States in 1923. The warrant was issued March 2, 1926 on a charge, inter alia, that he had been sentenced to imprisonment for a term of one year or more because of conviction…