United States of America Ex Rel. Eulalla Figueiredo, Relator-appellant, v. District Director of Immigration and Naturalization of Port of New York, Respondent-appellee, 202 F.2d 958 (2d Cir. 1953)

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US Court of Appeals for the Second Circuit - 202 F.2d 958 (2d Cir. 1953) Argued April 7, 1953
Decided April 16, 1953

Appeal from the United States District Court for the Southern District of New York; John W. Clancy, Judge.

The relator appeals from dismissal of a writ of habeas corpus sued out to test the legality of her detention for deportation.

Blanch Freedman and Gloria Agrin, New York City, for appellant.

Myles J. Lane, U. S. Atty., William J. Sexton, Asst. U. S. Atty., Louis Steinberg, Dist. Counsel, and Max Blau and Lester Friedman, Attorneys, Immigration and Naturalization Service, New York City, of counsel, for appellee.

Before SWAN, Chief Judge, and CLARK and FRANK, Circuit Judges.


The appellant's contentions that section 22 of the Subversive Control Act of 1950, 64 Stat. 987, 1006, is unconstitutional are sufficiently answered in Harisiades v. Shaughnessy, 342 U.S. 580, 72 S. Ct. 512, 96 L. Ed. 586 and Heikkila v. Barber, 73 S. Ct. 603. On the authority of those decisions the judgment is affirmed. Our mandate will be issued forthwith.