United State Ex Rel. Schneider v. Esperdy

McGOHEY, District Judge.

These four petitioners are aliens presently held without bail in deportation proceedings. Prior to October 24, 1952, when they were taken and thus held, each of them had been at large on bail for a substantial period of time. They assert that the At torney General’s decision to rearrest and hold them without bail was “arbitrary, capricious and unreasonable.”

After argument, hearings were ordered. Petitioners objected to hearings on the ground that in each case it was clear from the petition, return and traverse that the Attorney General had acted arbitrarily. All except…