Carlson v. Landon

These cases present a narrow question with several related issues. May the Attorney General, as the executive head of the Immigration and Naturalization Service,1 after taking into custody active alien Communists on warrants,2 charging either membership in a group that ad*527vocates the overthrow by force of this Government3 or inclusion in sny prohibited classes of aliens,4 continue them in custody without bail, at his discretion pending determination as to their deportability, under § 23 of the *528Internal Security Act?5 Differing views of the Courts of Appeals led us to grant certiorari. 342 U.…