United States ex rel. Nukk v. District Director of Immigration & Naturalization at Port of New York

McGOHEY, District Judge.

On December 10, 1952, decision herein was filed, D.C., 108 F.Supp. 640, holding that the Attorney General’s determination to rearrest and detain the petitioner Nukk without bail was unreasonable and arbitrary. That decision was based on the fact, together with others set forth, that the petitioner’s appeal from the Acting Director’s order of deportation had not yet been determined by the Board of Immigration Appeals; there was no final order of' deportation.

*917On December 11, 1952, the respondent moved without opposition to reopen the hearing, and when this was granted he…