Legal Opinion

Healy v. Backus

Court of Appeals for the Ninth Circuit

Decided March 18, 1915No. 2436PublishedCited by 18 opinions

Appeal from the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. Two cases are comprised by the record, one being an application by Timothy Healy for a writ of habeas corpus in behalf of Rhagat Singh and 11 others, and the other an application in behalf of Sundar or Sandu Singh and 9 others, against Samuel W. Backus, as Commissioner of Immigration at the Port of San Francisco.

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Appeal from the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. Two cases are comprised by the record, one being an application by Timothy Healy for a writ of habeas corpus in behalf of Rhagat Singh and 11 others, and the other an application in behalf of Sundar or Sandu Singh and 9 others, against Samuel W. Backus, as Commissioner of Immigration at the Port of San Francisco. The cases are known in the court below as Nos. 15,479 and 15,480. An order to show cause was issued, and upon a hearing the writ was denied, in…

1Opinion of the CourtWoeverton, District Judge

(after stating the facts as above). [1] Appellants complain! that the warrant of arrest was issued on the mere application that it be issued on the ground that petitioners “were likely to become public charges because they were Hindoo laborers. *361and that there exists a strong prejudice against them in this locality”; that the application was not attended with the things required by immigration rule 22; and that there was a fatal variance between the application and the warrant of arrest. The objections go rather to the regularity of the proceedings for the arrest and examination of petitioners…

2Cases cited11 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. United States v. Ju ToySupreme Court of the United States · 1905
  3. Chin Yow v. United StatesSupreme Court of the United States · 1908
  4. Low Wah Suey v. BackusSupreme Court of the United States · 1912
  5. Tang Tun v. EdsellSupreme Court of the United States · 1912

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3Cited by18 opinions

  1. White v. Chan Wy SheungCourt of Appeals for the Ninth Circuit · 1921
  2. United States ex rel. Diamond v. UhlCourt of Appeals for the Second Circuit · 1920
  3. Guiney v. BonhamCourt of Appeals for the Ninth Circuit · 1919
  4. Jones v. PettingillCourt of Appeals for the First Circuit · 1917
  5. Ex parte Wong Yee ToonDistrict Court, D. Maryland · 1915

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