156 F.2d 867 | 2d Cir. | 1946
This is an appeal from the discharge of a writ of habeas corpus in deportation proceedings. The relator is detained under a warrant which directs her deportation to Italy, and the principal question presented-by the appeal is whether her deportation to Italy is authorized under 8 U.S.C.A. § 156.
The relator is an alien who was born of Italian parents in Italy in 1905. At the age of seven she came with her mother to
That the relator’s entry in August 1939 was illegal and that she is subject to deportation is not disputed; see United States ex rel. Natali v. Day, 2 Cir., 45 F.2d 112, 113. She contends, however, that she cannot be deported to Italy because of her Canadian naturalization. This involves the application of section 20 of the Immigration Act of 1917, as amended, 8 U.S.C.A. § 156, printed in the margin.
The other points argued by the appellant deserve but little discussion. The claim that the warrant of deportation is fatally defective because it does not specify the sections of the 1924 and 1917 Acts which she violated is fantastic. Even an indictment need not specify the statute which is violated. See United States v. Kolodny, 2 Cir., 149 F.2d 210, 211. The warrant did set out the illegal acts which justify the deportation and that is sufficient.
The point that the warrant, was not signed by the Attorney General or an Assistant Attorney General is equally futile. . The Regulations delegate authority to the Warrant officer. Reg. § 90.14, 5 F.R. 3502; see In re Giacobbi, D.C.N.D.N.Y., 32 F.Supp. 508, 515, affirmed United States ex rel. Giacobbi v. Fluckey, 2 Cir., 111 F.2d 297.
The long delay in serving the deportation warrant is adequately accounted for by the war conditions in Europe. While we were- at war with Italy deportation was clearly impossible, and the period between the date of the warrant and our becoming a belligerent was not sufficient to invalidate the warrant. See United States ex rel. Ross v. Wallis, 2 Cir., 279 F. 401, 403; United States ex rel. Consola v. Karnuth, D.C.W.D.N.Y., 63 F.Supp. 727.
There is no merit in the contention that the hearings on the* warrant of arrest were unfair. They were conducted in accordance with the Regulations in force at the time. The Regulations adopted after the Immigration and Naturalization Service was transferred to the Department of Justice were inapplicable. See Reg. § 150.14.
Judgment affirmed.
The date of the inspector’s recommendation does not appear. The final hearing before him was on March 8, 1940. The relator’s counsel was to file a brief thereafter but whether he filed one and, if so, on what date, is likewise undisclosed by the record.
The warrant was signed by W. W. Brown, Chief of the Warrant Branch of the Immigration and Naturalization Service of the Department of Justice, such Service having been transferred to the Attorney General’s office June 14, 1940, Reorganization Plan No. 5, 5 U.S.C.A. following section 133t.
Ҥ 156. Ports to which aliens to be deported ; cost of deportation.
“The deportation of aliens provided for in this chapter shall, at the option of the Attorney General, be to the country whence they came or to the foreign port at which such aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which they embarked for such territory; or, if such aliens entered foreign contiguous territory from the United States and later entered the United States, or, if such aliens are held by the country from which they entered