United States ex rel. Ueberall v. Williams
District Court, S.D. New York
Habeas corpus by the United States, on relation of one Ueberall, against William Williams, as Commissioner of Immigration at the port of New York. This ease comes up upon return to a writ of habeas corpus issued to inquire into the detention of the relator by the immigration authorities at Ellis Island, in this district, under warrant, of deportation issued by the Secretary of Commerce and Labor.
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Habeas corpus by the United States, on relation of one Ueberall, against William Williams, as Commissioner of Immigration at the port of New York. This ease comes up upon return to a writ of habeas corpus issued to inquire into the detention of the relator by the immigration authorities at Ellis Island, in this district, under warrant, of deportation issued by the Secretary of Commerce and Labor. The relator was arrested upon warrant of the Secretary of Commerce and Labor, has had a hearing, and is about to be deported as an alien who has entered the country within three years and is within…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). [1] The first question to be determined is whether the relator entered this country within three years of the time of his arrest. Since the decision of the Circuit Court of Appeals of this Circuit, in Re Annie Lapina (Ex *471parte Hoffman) 179 Fed. 839, 103 C. C. A. 327, this question has been authoritatively settled. I do not see how the duration of the period of absence in a foreign country or its purpose can affect the result. This particular instance is no doubt as extreme as can arise, but it does not effect any change in principle. As soon as the relator…
2Cases cited2 opinions
- Chin Yow v. United StatesSupreme Court of the United States · 1908
- Ex parte HoffmanCourt of Appeals for the Second Circuit · 1910
3Cited by12 opinions
- Rosenberg v. FleutiSupreme Court of the United States · 1963
- United States Ex Rel. Karamian v. CurranCourt of Appeals for the Second Circuit · 1927
- United States ex rel. Bauder v. UhlCourt of Appeals for the Second Circuit · 1914
- Frick v. LewisCourt of Appeals for the Sixth Circuit · 1912
- United States Ex Rel. Valenti v. KarmuthDistrict Court, N.D. New York · 1932
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