HABEAS CORPUS-FEDERAL COURTS-NECESSITY OF CONFINEMENT OF PRISONER WITHIN TERRITORIAL JURISDICTION OF THE COURT

The Attorney General, respondent, after finding that petitioners, one hundred and twenty Germans, endangered the public peace and safety of the United States by their adherence to an enemy government, issued removal orders for their deportation. Petitioners, while confined at Ellis Island, New York, filed petitions for writs of habeas corpus in the District Court for the District of Columbia challenging the removal orders on the basis that they exceeded statutory authority for their issuance. Respondent moved to dismiss because petitioners were not confined in the District of Columbia. The district court granted the motion and the court of appeals affirmed. On certiorari, held, affirmed, three justices dissenting. The district court is limited in its issuance of writs of habeas corpus to persons confined within its territorial jurisdiction. Ahrens v. Clark, (U.S. 1948) 68. S.Ct. 1443