Backus v. Katz
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Petition by Harry Katz for writ of habeas corpus against Samuel W. Backus, as Commissioner, of Immigration at the port of San Francisco, now succeeded by Edward White, as Commissioner of Immigration at said port.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Petition by Harry Katz for writ of habeas corpus against Samuel W. Backus, as Commissioner, of Immigration at the port of San Francisco, now succeeded by Edward White, as Commissioner of Immigration at said port. From a judgment discharging petitioner from the judgment and order of the Commissioner directing deportation, the Commissioner appeals.
1Opinion of the Court
WOLVERTON, District Judge.
This case is here on appeal by the commissioner of immigration from the judgment discharging the appellee from the judgment and order of the commissioner directing his deportation. The cause first came up for hearing in the District Court, on demurrer to the petition of appellee for a writ of habeas corpus. The demurrer being overruled, a hearing was had on the merits, resulting in the discharge of the appellee.
The same question is presented here as in the case of Joseph B. Katz v. Commissioner of Immigration, 245 Fed. 316, — C. C. A. —, which is decided herewith,…
2Cases cited1 opinion
- Katz v. Commissioner of ImmigrationCourt of Appeals for the Ninth Circuit · 1917
3Cited by1 opinion
- Iku Kono Ishihama v. CarrCourt of Appeals for the Ninth Circuit · 1936