United States v. District Director of Immigration and Naturalization At Port of New York‪.‬

The relator Potash was arrested on March 1, 1948, and placed in the custody of the Director of Immigration and Naturalization at Ellis Island, pursuant to a warrant charging that he was in the United States in violation of the immigration laws and subject to deportation as a member of and affiliated with an organization that advocates the overthrow by force and violence of the Government of the United States. Pursuant to the direction of the Attorney General no bail was fixed. The warrant ordered the Director of Immigration to grant Potash a hearing so as to enable him to show cause why he should not be deported according to law. On March 2, 1948 he applied for a writ of habeas corpus in a petition which the District Court dismissed.