Jaegeler v. Carusi/Opinion of the Court

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. 1951, 342 U.S. 864, 72 S.Ct. 106.

The statutory power of the Attorney General to remove petitioner as an enemy alien ended whch 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 judgment and direct petitioner's release from custody.

Judgment of Court of Appeals vacated and cause remanded to District Court with directions.

It is so ordered.

Mr. Justice CLARK took no part in the consideration or disposition of this case.