Schenck ex rel. Capodilupo v. Ward

BINGHAM, Circuit Judge.

This is an appeal from a final order or judgment of October 16, 1934, in the federal District Court for Massachusetts, dismissing a petition for a writ of habeas corpus and discharging the writ. At the hearing before the District Court, no evidence was introduced other than the file constituting the record in the case before the Immigration Board.

The District Court found that the petitioner had counsel, was afforded a fair hearing, and that, in view of the whole case presented by the record, the order of deportation was valid.

It appears that December 15, 1932, Anna C.…