United States ex rel. Tobias v. Laird

CRAVEN, Circuit Judge:

This is an appeal from a denial by the district judge of a petition for writ of habeas corpus brought to procure Harris Tobias’ discharge from the Army or, alternatively, assignment to non-combatant duties, on the theory that he is in custody in violation of the Constitution and laws of the United States. 28 U.S.C. § 2241(c) (3). Tobias claims to have been arbitrarily and capriciously denied conscientious objector status under 50 U.S.C. App. § 456(j). It is urged that in denial of due process the Army has refused him such status although he *937is clearly entitled to it…