Ex parte Mitchell
District Court, N.D. New York
Petition of Eunice Mitchell for writ of habeas corpus. The petitioner, Eunice Mitchell, is now held by Don W. McTntosh, Inspector of Immigration, under an order of deportation made by John W. Abercrombie, Acting Secretary of Labor, on the ground she is a person likely to become a public charge, and is threatened with deportation by virtue thereof.
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Petition of Eunice Mitchell for writ of habeas corpus. The petitioner, Eunice Mitchell, is now held by Don W. McTntosh, Inspector of Immigration, under an order of deportation made by John W. Abercrombie, Acting Secretary of Labor, on the ground she is a person likely to become a public charge, and is threatened with deportation by virtue thereof. She has obtained this writ of habeas corpus on the claim that she is illegally held and detained and restrained of her liberty, for the reasons the warrant or order of deportation was made in excess of the power of the officers and department making…
1Opinion of the CourtKay, District Judge
(after stating the facts as above). [1] Prior to the Act of February 5, 1917, c. 29, § 3, 39 Stat. 875 (Comp. St. 1918, § 4289)4b), in giving a description of the classes of persons who shall be excluded from admission into the United States, the words “persons likely to become a public charge” were inserted between the words “paupers” and “professional beggars,” and the courts held (see cases *230hereafter cited) that, reading the Immigration Act together and considering the connection in which the words “persons likely to become a public charge” were used, the meaning to be given such words-…
2Cases cited13 opinions
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Chin Yow v. United StatesSupreme Court of the United States · 1908
- Low Wah Suey v. BackusSupreme Court of the United States · 1912
- Gegiow v. UhlSupreme Court of the United States · 1915
- Lewis v. FrickSupreme Court of the United States · 1914
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3Cited by13 opinions
- Casa De Maryland, Incorporated v. Donald TrumpCourt of Appeals for the Fourth Circuit · 2020
- Ng Fung Ho v. WhiteCourt of Appeals for the Ninth Circuit · 1920
- Ex parte SuzannaDistrict Court, D. Massachusetts · 1924
- Hosaye Sakaguchi v. WhiteCourt of Appeals for the Ninth Circuit · 1922
- Wallis v. United States ex rel. MannaraCourt of Appeals for the Second Circuit · 1921
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