Legal Opinion
United States Ex Rel. Schlueter v. Watkins
Court of Appeals for the Second Circuit
Decided December 31, 1946No. 136, Docket 20435PublishedCited by 21 opinions
1Opinion of the Court
FRANK, Circuit Judge.
The facts are fully stated in the excellent opinion of District Judge Rifkind; see United States ex rel. Schlueter v. Watkins, 67 F.Supp. 556. We agree with him that the statute authorized the making of an order of removal of an alien enemy without a court order and without a hearing of any kind, except on the issue of whether or not the relator actually is an alien enemy which was not controverted in this case. Minotto v. Bradley, N.D.Ill., 252 F. 600. 50 U.S.C.A. § 24 refers, disjunctively, to executive action pursuant to § 21 or to a court order. Court jurisdiction,…
2Cases cited4 opinions
- Citizens Protective League v. ClarkCourt of Appeals for the D.C. Circuit · 1946
- Louis, Ned E. And Basil A. Torti, Doing Business as Wisconsin De Luxe Company v. United StatesCourt of Appeals for the Seventh Circuit · 1957
- United States Ex Rel. Schlueter v. WatkinsDistrict Court, S.D. New York · 1946
- Minotto v. BradleyDistrict Court, N.D. Illinois · 1918
3Cited by21 opinions
- Ludecke v. WatkinsSupreme Court of the United States · 1948
- United Jersey Bank v. WolosoffNew Jersey Superior Court Appellate Division · 1984
- Carlson v. LandonCourt of Appeals for the Ninth Circuit · 1950
- Bank Line v. United StatesDistrict Court, S.D. New York · 1948
- United States Ex Rel. Dolenz v. ShaughnessyCourt of Appeals for the Second Circuit · 1952
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