United States ex rel. Chumura v. Smith

HAZEL, District Judge.

It appears that the alien was previously arrested under the order of deportation, and subsequently, on writ of habeas corpus, the writ was sustained, and the alien discharged from custody, on the sole ground, however, that he had been detained in jail an unreasonable length of time pending deportation; the ground of his prolonged detention being that the department was unable to deport him to Poland, the country from whence he came, owing to failure to obtain the required passport. The order should have contained a provision retaining the right to renew when the passport…