U.S. Court of Appeals for the Ninth Circuit, 1955

Ramos-Rivera v. Del Guercio

U.S. Court of Appeals for the Ninth Circuit · Decided November 9, 1955

227 F.2d 406 (Federal Reporter, Second Series)

Counsel

Sweet, Ault & Warner, San Diego, Cal., for appellant., Laughlin E. Waters, U. S. Atty., Max F. Duetz, Andrew J. Davis, Jr., Assts. U. S. Attys., Los Angeles, Cal., for appel-lee.

Cases that cite this one

1 later published case cites this decision.

Ramos-Rivera v. Del Guercio (9th Cir. 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This appeal is from an order of the District Court denying a petition of appellant, Vincente Ramos-Rivera, for a writ of habeas corpus directed to appel-lees, Albert Del Guercio, Acting Director of Immigration and Naturalization, Los Angeles, California, and U. L. Press, Officer in Charge. The petition was purportedly based on 8 U.S.C.A. § 1503(c). It alleged, in substance, that appellant had sought admission to the United States as a citizen thereof, and that the Board of Immigration Appeals had ordered him excluded therefrom. However, it did not appear from the petition that appellant had been issued a certificate of identity under the provisions of 8 U.S.C.A. § 1503(b), or that there had been a final determination by the Attorney General that he was not entitled to such admission. It therefore did not appear from the petition that § 1503(c) was applicable to appellant. Neither did it appear that appellant was in the custody of appellees or either of them. See 28 U.S.C.A. § 2241 et seq. Accordingly, and properly, the petition was denied.

Order affirmed.

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