United States Ex Rel. Russo v. Thompson, Warden

The relator appeals from an order, dismissing a writ of habeas corpus, to enlarge him pending the decision of the Commissioner of Naturalization as to whether he shall be excluded as an alien. The writ was obviously premature so far as it sought a definitive release of the relator from custody, because the final decision to exclude him had not yet been made. United States ex rel. Zdunic v. Uhl, 2 Cir., 144 F.2d 286. The only color of substance for the writ is the allegation that the Federal House of Detention is an unlawful place to hold him meanwhile, apparently on the theory that all aliens…