Smith v. United States ex rel. Grisius

EVANS, Circuit Judge.

Magdute Giraityte Grisius, a native of Lithuania, unlawfully entered the United States from Canada, August 16, 1929, without inspection and not possessed of an unexpired immigration visa. A warrant for her deportation was issued August 23, 1930, upon hearing had. She married appellee, an American citizen, on February 29,1931. Appellee sought and secured from the District Court a writ of habeas corpus for the freedom of his wife on the ground that she was unlawfully held for deportation. The Director of Immigration appealed. The writ of habeas corpus can be sustained, if…