United States Ex Rel. Umecker v. McCoy

VOGEL, District Judge.

This is a habeas corpus proceeding instituted by George Umecker against I. P. McCoy, Officer in Charge of the Naturalization and Immigration Service of the United States at Fort Lincoln, Burleigh County, North Dakota. The respondent holds Umecker in custody as an alien enemy by virtue of an order of the United States Attorney General. The order of the Attorney General, which is dated January 31, 1942, recites that the petitioner, George Umecker, is

“* * * a citizen of Germany, over the age of fourteen years, is within the United States and not a naturalized citizen…