Legal Opinion

In Re Klein

District Court, S.D. New York

Decided November 24, 1930PublishedCited by 15 opinions

1Opinion of the Court

CAFFEY, District Judge.

I have conferred with the Commissioner and have listened to counsel for both sides in regard to bail. Under authority by which I am bound and on principle I think the result is the same. It seems to me inescapable.

We are dealing with a national of the demanding country. He seeks bail pending examination. Indisputably he is not entitled to it as of right. Wright v. Henkel, 190 U. S. 40, 23 S. Ct. 781, 47 L. Ed. 948. Undoubtedly also the court has power to grant it. Id. Nevertheless, we have been admonished to exercise the power very sparingly and only when the…

2Cases cited3 opinions

  1. Wright v. HenkelSupreme Court of the United States · 1903
  2. In re MitchellDistrict Court, S.D. New York · 1909
  3. United States ex rel. McNamara v. HenkelDistrict Court, S.D. New York · 1912

3Cited by15 opinions

  1. United States v. Scott WilliamsCourt of Appeals for the First Circuit · 1979
  2. Matter of Extradition of Nacif-BorgeDistrict Court, D. Nevada · 1993
  3. Artukovic v. BoyleDistrict Court, S.D. California · 1952
  4. United States v. Kin-HongCourt of Appeals for the First Circuit · 1996
  5. Borodin v. AshcroftDistrict Court, E.D. New York · 2001

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