Legal Opinion

In Re Territo

Court of Appeals for the Ninth Circuit

Decided June 8, 1946No. 11214PublishedCited by 25 opinions

1Opinion of the Court

STEPHENS, Circuit Judge.

Gaetano Territo is being held by officers of the United States Army under the claim that he is a prisoner of war. Through the interposition of Frances Territo Di Maria, Territo petitioned the District Court to issue the writ of habeas corpus by which the restraining officer should be required to produce Territo in court and justify the restraint. It is alleged that the restraint is without legal support. We shall refer to Territo by name or as petitioner. The 'basis of the claimed illegal detention and restraint rests upon the allegation that petitioner was born in the…

2Cases cited10 opinions

  1. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  2. Ex Parte QuirinSupreme Court of the United States · 1942
  3. Sterling v. ConstantinSupreme Court of the United States · 1932
  4. United States v. Ju ToySupreme Court of the United States · 1905
  5. Kaplan v. TodSupreme Court of the United States · 1925

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3Cited by25 opinions

  1. Hamdi v. RumsfeldSupreme Court of the United States · 2004
  2. Gherebi v. ObamaDistrict Court, District of Columbia · 2009
  3. Jose Padilla v. John YooCourt of Appeals for the Ninth Circuit · 2012
  4. John Doe v. MattisCourt of Appeals for the D.C. Circuit · 2018
  5. Padilla Ex Rel. Newman v. BushDistrict Court, S.D. New York · 2002

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