Tod v. Waldman

We think that the complaint of the Government is well founded. The petitioners in the writ of habeas corpus were aliens who had not been legally admitted to the country — that is, neither the immigration authorities nor the court had held that they were entitled to admission. The immigration authorities had ordered their deportation. The Circuit Court of Appeals merely found that in the course of the examination by the immigration authorities the relators had not been given a fair opportunity to appeal to the Secretary of Labor as provided by the statute. This denial of appeal did not give to…