United States ex rel. Kustas v. Williams

BYERS, District Judge.

This habeas corpus proceeding requires decision concerning the legality of the detention of the relator on the ship Seafarer, on its arrival in this port on May 9, 1951, pursuant to order of an immigrant inspector acting under the applicable statute and regulations. The basis of the order was that the relator was excludable as an alien seeking admission to the United States.

*16. The facts are not in dispute and may be briefly stated: Kustas, a Greek, first arrived here in 1940 as a seaman and remained beyond the permitted period, and later departed voluntarily. He has come…