United States ex rel. Schwarzkopf v. Uhl

137 F.2d 898 (1943)

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United States ex rel. Schwarzkopf v. Uhl

United States Court of Appeals for the Second Circuit
137 F.2d 898 (1943)

Facts

Schwarzkopf (plaintiff) was born in 1886 in the Austro-Hungarian Empire. In 1919, Prague became part of Czechoslovakia, and Schwarzkopf acquired Czech citizenship. In 1925, Schwarzkopf moved and became a naturalized citizen of Germany. In 1927, Schwarzkopf moved to Austria, became a naturalized Austrian citizen, and terminated his German citizenship. In 1936, Schwarzkopf immigrated to the United States and took permanent residence. In 1938, the Nazis invaded and annexed Austria. In 1941, Schwarzkopf applied for American citizenship. Following a presidential proclamation that declared that the United States was under threat of invasion from Germany, Schwarzkopf was detained as an alien enemy. Schwarzkopf filed a writ of habeas corpus.

Rule of Law

Issue

Holding and Reasoning (Swan, J.)

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