Yanish v. Barber, Dist. Director of Immigration & Naturalization

Ninth Circuit

Yanish v. Barber, Dist. Director of Immigration & Naturalization

203 F.2d 673, 1953 U.S. App. LEXIS 3415

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 17, 1953

Docket13785_1

StatusPublished

Cited by1 cases

This text of 203 F.2d 673 (Yanish v. Barber, Dist. Director of Immigration & Naturalization) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Yanish v. Barber, Dist. Director of Immigration & Naturalization, 203 F.2d 673, 1953 U.S. App. LEXIS 3415 (9th Cir. 1953).

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Opinion

PER CURIAM.

Appellant, Nat Yanish, an alien, is now and has been since March 17, 1953, detained in the custody of an officer of the Immigration and Naturalization Service at San Francisco, California. On March 18, 1953, appellant petitioned the United States District Court for the Northern District of California for a writ of habeas corpus. Thereupon, on March 18, 1953, the District Court issued an order requiring appellee, Bruce G. Barber, District Director of Immigration and Naturalization, to. show cause why the writ should not be issued. Appellee filed a return, a hearing was had, and on March 26, 1953, th.e District Court entered an order which discharged the order to show cause, dismissed the petition and denied the .writ, thus, in effect, refusing the writ and declining to grant .it. Appellant appealed and has applied to this court for an order releasing him from custody, pending appeal, upon his giving an appearance bond. This court is not empowered to grant such an order. See Rule 45 of the Supreme Court, 28 U.S.C.A., and Rule 29 of this court. Accordingly, the application is denied.

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PER CURIAM.

Appellant, Nat Yanish, an alien, is now and has been since March 17, 1953, detained in the custody of an officer of the Immigration and Naturalization Service at San Francisco, California. On March 18, 1953, appellant petitioned the United States District Court for the Northern District of California for a writ of habeas corpus. Thereupon, on March 18, 1953, the District Court issued an order requiring appellee, Bruce G. Barber, District Director of Immigration and Naturalization, to. show cause why the writ should not be issued. Appellee filed a return, a hearing was had, and on March 26, 1953, th.e District Court entered an order which discharged the order to show cause, dismissed the petition and denied the .writ, thus, in effect, refusing the writ and declining to grant .it. Appellant appealed and has applied to this court for an order releasing him from custody, pending appeal, upon his giving an appearance bond. This court is not empowered to grant such an order. See Rule 45 of the Supreme Court, 28 U.S.C.A., and Rule 29 of this court. Accordingly, the application is denied.

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203 F.2d 673, 1953 U.S. App. LEXIS 3415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yanish-v-barber-dist-director-of-immigration-naturalization-ca9-1953.

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