United States ex rel. Jaegeler v. Carusi, Commissioner of Immigration and Naturalization, et al. (342 U.S. 347)
U.S. Supreme Court · decided January 28, 1952 · Supreme Court Database (Spaeth)
- Citation
- 342 U.S. 347 · 72 S. Ct. 326
- Decided
- January 28, 1952
- Term
- October Term 1951
- Vote
- 8–0
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Per Curiam. On February 1, 1942, pursuant to the Alien Enemy Act of 1798, as amended, the Attorney. General of the United States interned petitioner, a German citizen residing in this country. On May 3, 1946, acting under the same statute, the Attorney General directed petitioner’s removal to Germany. Thereafter, petitioner applied for a writ of habeas corpus in the District Court for the Eastern District of Pennsylvania, and on October 9, 1950, after hearings, the District Court denied relief. The Court of Appeals for the Third Circuit affirmed, 187 F. 2d 912, and petitioner applied to this Court for. a writ of certiorari on August 24, 1951. While that petition was under consideration by the Court, a joint resolution of Congress, approved on October 19, 1951, terminated the state of war which had existed between the United States and Germany. 65 Stat. 451. We granted certiorari. 342 U. S. 864.(1951). The statutory power óf the Attorney General to remove petitioner as an enemy alien ended when Congress terminated the war with Germany. Thus petitioner is no longer removable under the Alien Enemy Act. The judgment of the Court of Appeals is vacated and the cause is remanded to the District Court with directions to vacate its júdgment and direct petitioner’s release from custody. It is so ordered. Mr. Justice Clark took no part in the consideration or disposition of this case.…
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