1 Fenwick, C. G., “‘Piracy’ in the Caribbean,” 55 A.J.I.L. 426–428 (1961)Google Scholar; Henrique Galvão, Santa Maria: My Crusade for Portugal (1961); the cruise of the Santa Maria has also made the paperbacks, see H. A. Zeiger, The Seizing of the Santa Maria (Popular Library, 1961, 35¢); the incident is covered in the New York Times, Jan. 24–Feb. 3, 1961 (city ed. unless otherwise indicated). The anti-Castro expedition is reported in the New York Times, April 16–21, 1961. More than 150,000 persons sought asylum in West Germany between Jan. 1 and Aug. 13, 1961. Press and Information Office of the German Federal Government, 9 The Bulletin, Nos. 2–31 (Jan. 10–Aug. 15, 1961); No. 28 (July 25, 1961), p. 3; New York Times, Aug. 14, 1961, p. 1, col. 8, p. 6, col. 1.

2 18 U.S.C., sec. 3185; 8 U.S.C., sec. 1182 (a) (9) (10).

3 E.g., Art. 3, U. S.-Mexico Extradition Treaty, Feb. 22, 1899, 31 Stat. 1818; Art. 6, U. S.-U.nion of South Africa Extradition Treaty, Dec. 18, 1947, T.I.A.S., No. 2243.

4 Art. V, sec. 4, U. S.-Brazil Extradition Treaty, Jan. 13, 1961, Sen. Exec. H, 87th Cong., 1st Sess., 44 Dept. of State Bulletin 164, 166 (1961). This is the most recent extradition treaty concluded by the United States.

5 Ibid., Art. V, sec. 6(b), sec. 6(a); Art. 4, U. S.-Belgium Extradition Treaty, Oct. 26, 1901, 32 Stat. 1894. Cf. Cassels, J. : “The words ‘offence of a political character’ must always be considered according to the circumstances existing at the time when they have to be considered.” Regina v. Governor of Brixton Prison, Ex parte Kolczynski, [1955] 2 “Weekly L. R. 116, 121.

6 Text published in Pravda and Izvestia, Dec. 26, 1958, trans. 11 Current Digest of the Soviet Press 3 (No. 5, March 11, 1959) (cited henceforth as Current Digest).

7 E.g. Art. V, sec. 6(c), U. S.-Brazil Extradition Treaty, note 4 above; Art. 6, U. S. Bolivia Extradition Treaty, April 21, 1900, 32 Stat. 1857; Re Ezeta et al., 62 F. 964 (1894); Artukovic v. Boyle, 140 F. Supp. 245 (1956), affd. as Karadzole v. Artukovic, 247 F. 2d 198 (1957). Eight years of litigation concerning the request of Yugoslavia for the extradition of Artukovic for war crimes was terminated by dismissal of the request, U. S. ex rel. Karadzole v. Artukovic, 170 E. Supp. 383 (1959), see note by Cardozo, 55 A.J.I.L. 127 (1951); Ramos v. Diaz, 179 P. Supp. 459 (1959).

8 1 Hyde, International Law Chiefly as Interpreted and Applied by the United States 729–731 (2d rev. ed., 1945); 2 ibid. 871 ff.; 3 Hackworth, Digest of International Law 562–565 (1942); Harisiades v. Shaughnessy, 342 U.S. 580, 585–586 (1952), rehearing denied, 343 U.S. 936 (1952); Areaya v. Paéz, 145 F. Supp. 464 (1956). See R. E. Wilson, United States Commercial Treaties and International Law 209 ff. (1960). Admission of Hungarian refugees under parole, pursuant to Public Law 85–559, 72 Stat. 419, has been construed as providing these people “greater rights than an ordinary parole” in regard to deportation proceedings, Licea-Gomez v. Pilliod, 193 F. Supp. 577 (1960), explaining Application of Paktorovics, 156 F. Supp. 813 (1957), reversed 260 F. 2d 610 (1958). A would-be political refugee is entitled to a hearing as to his eligibility for asylum under 8 U.S.C., sec. 1253 (h) “not [as] a matter of favor but of right,” U. S. ex rel. Szlajmer v. Esperdy, 188 F. Supp. 491, 499–500 (1960). On the rights of aliens in general, see, e.g., Johnson v. Eisentrager, 339 U.S. 763 (1950), Kwong Hai Chew v. Colding, 344 U.S. 590 (1953), Galvan v. Press, 347 U.S. 522 (1954).

9 E.g., 15 Stat. 243; 36 Stat. 1135, 1136; 43 Stat. 1112, 1113; 62 Stat. 975, 976. See George, Ginsburgs, “The Soviet Union and the Problem of Refugees and Displaced Persons 1917–1956,” 51 A.J.I.L. 325–361 (1957)Google Scholar; Paul, Weis, “The Convention Relating to the Status of Stateless Persons,” 10 Int. and Comp. L. Q. 255–264 (1961)Google Scholar.

10 See Barnett, F. E., “America’s Strategic Weakness—Redefection,” 15 The Russian Review 29, 30 (1956)Google Scholar. See the explanation offered for redefeetion by Hugo Hanke, sometime Premier of the Polish Government in Exile, reported in Pravda and Izvestia, Sept. 13, 1955, trans. 7 Current Digest 13 (No. 37, Oct. 26, 1955). Some 2,600,000 persons have fled the Soviet Zone of Germany for asylum in West Germany in the period between 1949 and July, 1961. Press and Information Office of the German Federal Government, 9 The Bulletin 3 (No. 28, July 25, 1961).

11 The Soviet decree of Sept. 17, 1955, in Art. 7 offered amnesty to Soviet nationals who had collaborated with Germany during the second World War and also to those nationals who had been “drawn into anti-Soviet activities in the postwar period, if they have exonerated themselves by subsequent patriotic activity for the benefit of the Motherland or have given themselves up and confessed.” Izvestia, Sept. 18, 1955, trans. 7 Current Digest 3 (No. 35, Oct. 12, 1955). International Rescue Committee, Special Memorandum on Soviet and Satellite Repatriation Campaign 7–11 (c. 1956); Senate Committee on the Judiciary, Subcommittee to Investigate the Administration of the Internal Security Act, Hearings on the Scope of Soviet Activity in the United States, 84th Cong., 2d Sess., Pt. 24, at 1258 (1956) (cited henceforth as Hearings on Soviet Activity); New York Times, March 23, 1957, p. 3, col. 8.

12 Hearings on Soviet Activity, Pt. 24, at 1257–1260 (1956); ibid., 85th Cong., 1st Sess., Pt. 70, at 4326–4327 (1957).

13 Ibid., 84th Cong., 2d Sess., Pt. 25, at 1337, 1344 (1956); Pt. 24, at 1256, 1261–1265 (1956); Pt. 17, at 904–907 (1956). See 8 U.S.C, sec. 1182 (a) (19). Senate Committee on the Judiciary, Subcommittee to Investigate the Administration of the Internal Security Act, Report, May 24, 1956, 84th Cong., 2d Sess., p. 3 (cited henceforth as Report). On the problem of misrepresentation under 8 U S.C, see. 1182 (a) (19), see Landon v. Clarke, 239 P. 2d 631 (1956) and Calvillo v. Robinson, 271 P. 2d 249 (1959).

14 E.g., testimony in the case of Alexei Chwostow, who sought to return to Soviet Russia with his minor child, born in the United States, indicated that fear was the principal motive for his redefection—fear for the safety of relatives in Russia and for his own safety if he stayed in the United States in the face of threats of reprisals from Soviet officials as well as Russian refugees here. Hearings on Soviet Activity, Pt. 33, at 1792–1795 (1956).

15 Report 3, 12–19. Department of Justice, Board of Immigration Appeals, Int. Dec. No. 953 (Sept. 19, 1958), Interim Decisions of the Board of Immigration Appeals 4–5; 34 Dept. of State Bulletin 765 (1956); 36 ibid. 719 (1957).

16 House of Bepresentatives Committee on the Judiciary, Hearing before Subcommittee No. 1 on Migration and Refugee Assistance, 87th Cong., 1st Sess., at 41 (1961). About 1750 Cubans come into the United States each week, ibid. 10.

17 Statement by Secretary of Health, Education, and Welfare Ribieoff, ibid. 10, 13, 7–9, 13–14. The presence of so many refugees in Miami has, in spite of ameliorative efforts, continued to cause economic and social strain. New York Times, Oct. 21, 1961, p. 5, col. 1.

18 43 Dept. of State Bulletin 79, 86 (1960).

19 Ibid. 7, 475 (1960). See Senate Committee on the Judiciary, Subcommittee to Investigate the Administration of the Internal Security Act, Hearings on the Fair Play for Cuba Committee, 87th Cong., 1st Sess. (1961).

20 44 Dept. of State Bulletin 103 (1961).

21 Cf. Carlisle v. United States, 83 U.S. 147 (1872). New York Times, Dec. 18, 1960, p. 29, col. 4; March 23, 1961, p. 1, col. 4.

22 E.g., New York Times, Aug. 31, 1960, p. 8, col. 2. Former Cuban President Carlos Prío Socarrás was granted asylum in 1956 after he agreed to refrain from “‘any activity which may be in any way prejudicial to the public interest of this country or in violation of its laws.’“ Ibid. May 10, 1956, p. 1, col. 1; June 9, 1956, p. 10, col. 2.

23 House of Representatives Committee on the Judiciary, Hearing before Subcommittee No. 1 on Migration and Refugee Assistance, 87th Cong., 1st Sess., at 41–43 (1961). Some 24,000 persons in non-immigrant status are classified as “potential refugees,” in that they will probably ask asylum upon the expiration of their non-immigrant visas. Ibid.

24 Ibid. 41, 43; 8 U.S.C., sec. 1182 (d) (5). Both “technically deportable” non-immigrants and parolees are subject to “screening” processes which include checking their bona fides with government agencies, such as the F.B.I, and C.I.A., as well as with representatives of the Cuban community in Miami. Hearing before Subcommittee No. 1 on Migration and Refugee Assistance, 87th Cong., 1st Sess., at 44, 45–49 (1961). See New York Times, Oct. 22, 1961, p. 1, col. 6; Oct. 24, 1961, p. 1, col. 6.

25 26 Fed. Beg. 482, 492 (Jan. 19, 1961); 45 Dept. of State Bulletin 108 (1961).

26 18 U.S.C, sees. 960, 962; 22 U.S.C., see. 461; 8 U.S.C., sec. 1251 ( a ) (17). See U. S. v. Arjona, 120 U. S. 479, 484 (1887); 2 Hackworth, Digest of International Law 336–342.

27 New York Times, Dec. 15, 1953, p. 26, col. 3; Sept. 7, 1954, p. 12, col. 3.

28 Ibid., April 11, 1961, p. 1, col. 8; May 2, 1961, p. 2, col. 5. The indictment against him was dismissed on Nov. 9. Ibid., Nov. 11, 1961, p. 26, col. 1 (late city ed.). At the time of the anti-Castro invasion in April, 1961, there were reports of open recruiting of Cuban nationals in Miami and New York and their training in the United States and Central America for a period of nine months previous to the expedition. Ibid., April 19, 1961, p. 14, col. 6; April 20, 1961, p. 10, col. 4; April 7, 1961, p. 1, col. 4 (late city ed.).

29 Arms controls are provided under 22 U.S.C., sec. 401, amended by Exec. Order 10863 (Feb. 18, 1960), 25 Fed. Reg. (Pt. I ) 1507 (Feb. 20, 1960); 22 U.S.C., sec. 1934; 22 C.F.E., Pts. 121–126. See Rubin v. U.S., 289 F. 2d 195 (1961).

30 SE-437, Nov. 4, 1959, 14 C.F.E., Pt. 620. Amendments to Pt. 620, Security Control of Air Traffic, adopted between 1955 and 1959, are consolidated in 25 Fed. Reg. 339 (Jan. 15, 1960); revised, Oct. 10, 1961, 26 Fed. Reg. 9709 (Oct. 14, 1961). See 43 Dept. of State Bulletin 79 (1960).

31 New York Times, May 2, 1961, p. 1, col. 6 (late city ed.); July 26, 1961, p. 1, col. 5; Aug. 10, 1961, p. 1, cols. 4, 5, p. 6, col. 8. A fourth attempt at “hijacking “on Aug. 3 was unsuccessful. Ibid., Aug. 4, 1961, p. 1, col. 2. See 45 Dept. of State Bulletin 334–336, 407–408 (1961).

32 SE-448, July 28, 1961, 26 Fed. Reg. 7009 (Aug. 4, 1961); Order No. 247–61, ibid. (Pt. I ) 7614 (Aug. 16, 1961).

33 Public Law 87–197, 75 Stat. 466, 49 U.S.C., sec. 1472 (i) - ( n ). See H.E. Rep. No. 958, 87th Cong., 1st Sess.; S. Rep. No. 694, 87th Cong., 1st Sess.; House of Representatives Committee on Interstate and Foreign Commerce, Hearings before a Subcommittee on Crimes on Board Aircraft, 87th Cong., 1st Sess. (1961). Cf. Cuban treatment of the same type of offense, e.g., New York Times, Dec. 11, 1960, p. 34, col. 3. The Federal Communications Commission was reported in April,, 1961, as exerting control over illicit radio broadcasts to Cuba from the south Florida area. Ibid., April 12, 1961, p. 15, col. 1.

34 Ibid., April 29, 1961, p. 3, col. 1; July 26, 1961, p. 3, col. 5; Aug. 11, 1961, p. 2, col. 4. On July 10, 1961, Representative Victor L. Anfuso (D., N.Y.), introduced H.R. Con.Res. 345, “expressing the sense of the Congress that the United States should recognize a Cuban government-in-exile.” 107 Cong. Rec. 11379; A5093–5094 (July 10, 1961). Cf. New York Times, Jan. 14, 1961, p. 15, col. 4; March 23, 1961, p. 32 M, col. 1.

35 This point was made by American Ambassador Bonsai to President Dorticos of Cuba in October, 1959. 41 Dept. of State Bulletin 715, 716 (1959).

36 New York Times, Sept. 22, 1960, p. 1, col. 6; Oct. 15, 1960, p. 24, col. 1; March 24, 1961, p. 3, col. 5; April 8, 1961, p. 2, col. 6 (late city ed.); June 30, 1961, p. 8, col. 5 (late city ed.). In March, 1961, a clash between anti-Fidelista supporters and members of the Fair Play for Cuba Committee was reported in Los Angeles. Ibid., March 7, 1961, p. 29, col. 8.