United States Ex Rel. De Cicco v. Longo

SMITH, District Judge.

Petitioner has instituted this proceeding for a writ of habeas corpus on the ground that he is a citizen of the United States by naturalization and, therefore, illegally held in custody by the immigration authorities and the Attorney General, under a presidential warrant issued pursuant to an order of the Attorney General directing his detention under Sec. 21, Title 50, U.S.C., 50 U.S.C.A. § 21, and the Presidential Proclamation of December 8, 1941, No. 2527.

The Government in its brief raises the question of the power of the Court under a writ of habeas corpus in this…