United States ex rel. Fong Foo v. Shaughnessy

FRANK, Circuit Judge.

This motion was orally argued before me, in vacation, by counsel for appellant and appellee. Because of the importance of the questions involved, I am setting forth my reasons for granting the motion.

Appellant is an alien who last entered the United States by means of a false certificate of identity and under an assumed name. He is therefore admittedly deportable, and an order for his deportation has been duly issued. The Immigration and Naturalization Service requested him to execute documents requisite to deportation to Formosa, but he declined to do so, and instead…