A Czech Jew here illegally, will not be forced to return home to Nazi-held Czechoslovakia.
Federal Judge Philip L. Sullivan granted a writ of Habeas Corpus to the Jew, Solomon Weinberg and then freed him from custody. His Honor stated that to deport the Jew to Central Europe at the present time would be "cruel and unusual punishment".
Mr. Weinberg, 31, was born in a part of the late Hapsburg Empire that became Czechoslovakia. He immigrated to the United States in August, 1927, while employed on the liner Berlin. After missing the ship, he remained here.
He used another man's identity to acquire a passport to visit his dying mother in Poland in 1931. In May of 1932 he returned without a legal visa. He was married in June of 1936 in California but is now separated from his wife.
He was arrested this past June and deportation hearings were arranged soon after. The Judge who heard his case pointed out that Mr. Weinberg has always supported himself and never required state assistance.
He also stated "I do not believe the immigration laws contemplate and such strict compliance with the letter as would oblige the court to return a Jew to a country where his property would be confiscated and his life might be in jeopardy".
Unless Attorney General Homer S. Cummings decides to appeal the case, Judge Sullivan's decision will permit Mr Weinberg to remain in the this country.
Sunday, November 23, 2008
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