delgadillo carmichael argued october decided november delgadillo carmichael fred okrand los angeles petitioner robert ginnane washington respondent justice douglas delivered opinion petitioner detained respondent deportation order validity challenged petition writ habeas corpus district granted petition discharged petitioner circuit appeals reversed del guercio delgadillo case petition writ certiorari granted seeming conflict decision di pasquale karnuth second circuit appeals petitioner mexican citizen made legal entry country resided continuously june year nation engaged hostilities germany japan shipped los angeles intercoastal voyage new york city member crew american merchant ship ship torpedoed passing panama canal way new york city petitioner rescued taken havana cuba taken care american consul one week july returned miami florida thereafter continued serve seaman merchant fleet nation march convicted california degree robbery sentenced imprisonment term one year life confined california prison proceedings deportation commenced immigration act february stat amended stat section provides part alien hereafter sentenced imprisonment term one year conviction country crime involving moral turpitude committed within five years entry alien shall upon warrant attorney general taken custody deported requirements deportation satisfied petitioner passage havana cuba miami florida july entry alien within meaning act ex rel claussen day ex rel stapf corsi ex rel volpe smith language taken context suggests every return alien foreign country constitutes within meaning act thus smith case stated page page coming alien foreign country whether coming first subsequent one cases alien plainly expected planned enter foreign port place catapulted ocean rescued taken cuba part selecting foreign port destination itinerary forced wholly fortuitous circumstances nonetheless return country within meaning act law given capricious application di pasquale karnuth supra suggests case alien traveled buffalo detroit railroad unknown passed canada asleep time transit canada quite unaware left returned country refused hold alien made impute congress purpose subject aliens sport chance page case petitioner course chose return country knowing foreign place exigencies war voluntary act put foreign soil indeed harsh read statute add peril deportation perils sea might well hold kidnapped taken cuba made statutory voluntary return respect law thrive captious interpretations deportation equivalent banishment exile see bridges wixon stakes indeed high momentous alien acquired residence attribute congress purpose make right remain dependent circumstances fortuitous capricious upon immigration service seized hazards asked subject alien irrational square statutory scheme grounds sought advanced first time support deportation order open record us reversed footnotes intercoastal voyage continued without interruption clear made landed termination ex rel claussen day supra