Legal Opinion

Zartarian v. Billings

Supreme Court of the United States

Decided January 7, 1907No. 120PublishedCited by 40 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The facts are stated in the opinion. If the girl was not an alien within the intent and meaning of the act of March 3, 1903, the commissioner had no authority to detain or deport her, and the final order of the Circuit Court must be reversed. Gonzales v. Williams, 192 U. S. 1. The question raised above as to citizenship or status is purely one of law.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS. The facts are stated in the opinion. If the girl was not an alien within the intent and meaning of the act of March 3, 1903, the commissioner had no authority to detain or deport her, and the final order of the Circuit Court must be reversed. Gonzales v. Williams, 192 U. S. 1. The question raised above as to citizenship or status is purely one of law. As there is no dispute as to the facts, United States v. Ju Toy, 198 U. S. 253, does not govern. The question passed on in that case by the Secretary of…

1Opinion of the CourtJustice Day

delivered the'opinion of the court.

This is an appeal from an order of the Circuit Court of the United States for the. District of Massachusetts, denying a pp- tition for a writ of habeas corpus filed by Charles Zartarian in behalf of Mariam Zartarian, his daughter, who, it was alleged, was unlawfully imprisoned, detained and restrained of her liberty at Boston by the United States Commissioner of Immigration, which imprisonment was alleged to have been in violation of the constitutional rights of the said Mariam Zartarian, without due process of law and contrary to the provisions of section…

2Cases cited4 opinions

  1. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  2. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  3. Boyd v. Nebraska Ex Rel. ThayerSupreme Court of the United States · 1892
  4. Campbell v. Gordon and WifeSupreme Court of the United States · 1810

3Cited by40 opinions

  1. Leng May Ma v. BarberSupreme Court of the United States · 1958
  2. Kaplan v. TodSupreme Court of the United States · 1925
  3. Moser v. United StatesSupreme Court of the United States · 1951
  4. Commissioner of Immigration of Port of NY v. GottliebSupreme Court of the United States · 1924
  5. Nwozuzu v. HolderCourt of Appeals for the Second Circuit · 2013

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