Speech #750156576

Mr. Speaker. title I is an attempt to recover $1.000 which was deposited as security for a forfeited bail bond in a deportation case. The facts as revealed by the report are as follows: In the summer of 1928 a gentleman living in Yugoslavia named Petrovich decided to come to America. leaving a wife and child behind. He did not follow the usual route. but took a rather circuitous journey and eventually found himself on the Niagara River at a point several miles north of Buffalo. He entered the country in a rowboat at a place that was safely remote from any customs or immigration authorities. The reason hetook this unusual mode of travel was because he had no visa which permitted him to enter the United States. Within 4 or 5 months the immigration officials apprehended him. He was given a hearing and released in $1.000 bail furnished by the United States Fidelity & Guaranty Co. of Baltimore. As is usual in such cases. the surety company indemnified itself by requiring a deposit of $1.000. The security was supplied by a gentleman named Gruyich. who was no party to the transaction between the immigration authorities at Buffalo and the surety company. He was a complete stranger to the Government. His dealings were with the surety company alone. The report of the hearing was sent to Washington and Mr. Petrovich was ordered deported. On May 2 the authorities in Buffalo notified the surety company to produce Mr. Petrovich at a certain time and place on May 14 for deportation. The alien failed to make an appearance. whereupon the Commissioner of Immigration in Washington was notified and the bond was declared forfeited. A few days later somebody representing the alien applied to the Chief of the Immigration Service in Buffalo for 6 months extension. claiming that if he could remain in this country for 6 months he could make some money and pay some debts.. That application was denied. and notice of the decision was given to the representatives of this alien on June 21. Several things happened on June 21. His application for an extension was denied. and he voluntarily surrendered to custody. The reason for this becomes apparent when the next step is known. that his attorney immediately served a writ of habeas corpus on the immigration chief at Buffalo. Obviously. if he hoped to escape custody by writ of habeas corpus he would have to be placed in custody first. It seems that the attorney for this man Petrovich had discovered what he regarded as a fatal defect in the order of deportation. and he thought he could secure the mans release on a writ of habeas corpus on the ground that the order of deportation was signed by the Assistant Secretary of Labor instead of the Secretary of Labor himself. Gruyich seeks to recover his $1.000 because the Government failed to notify him to produce the alien on May 14. There was no duty resting on the Federal agents to do so since Gruyich was not a party to the bail bond and the Government had no knowledge of his interest.