United States ex rel. Dolenz v. Shaughnessy

EDELSTEIN, District Judge.

Relator is a citizen of Yugoslavia and it is not disputed that he is in this country illegally. After an appropriate hearing, a warrant of deportation was duly issued, and because the relator had declined to exercise a choice of the country to which 'he was to be deported, the warrant provided for his deportation to Yugoslavia, if that country would accept him, otherwise to Italy. A writ of habeas corpus was dismissed by Judge Irving R. Kaufman. Ultimately, another writ was withdrawn by stipulation when relator made ’ a formal claim that he would be subjected to…