Legal Opinion
United States Ex Rel. D'Istria v. Day
Court of Appeals for the Second Circuit
Decided June 6, 1927No. 386PublishedCited by 18 opinions
1Opinion of the CourtL. Hand, Circuit Judge
(after stating the facts as above). No point is raised that this writ was directed to the Commissioner of Hnmigration, and not to the master of the vessel. We do not, therefore, consider its •propriety in this regard, or whether detention by the master at the Commissioner’s order was detention by the Commissioner himself.
The cause comes up upon the petition, the return and the evidence taken before the District Court. This was irregular. As there was no traverse under Revised Statutes, § 760 (Comp. St. § 1288), and as the return did not show that the relator had not had a fair hearing, there…
2Cases cited3 opinions
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Tod v. WaldmanSupreme Court of the United States · 1924
- Stretton v. RudyCourt of Appeals for the Fifth Circuit · 1910
3Cited by18 opinions
- Lloyd Royal Belge Societe Anonyme v. EltingCourt of Appeals for the Second Circuit · 1932
- Troy Kelton Teague v. C. H. Looney, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1959
- British Empire Steam Nav. Co. v. EltingCourt of Appeals for the Second Circuit · 1934
- United States Ex Rel. Adamantides v. NeellyCourt of Appeals for the Seventh Circuit · 1951
- Graham v. CarrCourt of Appeals for the Ninth Circuit · 1940
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