United States ex rel. McDermott v. Jaeger

The appellees have moved for dismissal of the appeal by reason of the Act of June 29, 1938, 52 Stat. 1232, 28 U.S.C.A. § 463 (a). This abolished appeals in habeas corpus proceedings brought “to test the validity of a warrant of removal issued pursuant to the provisions of section 591 of Title 18 or the detention pending removal proceedings." The appellant replies that the Canal Zone Code provides for extradition, not removal, to and from the Canal Zone, that section 591 of Title 18, U.S.C.A., is not applicable to the case at bar, and therefore the right to appeal from dismissal of the writ is…