United States ex rel. Nazaretian v. Tod

(after stating the facts as above). Any contempt of the writ in this case depends upon whether the aliens were in the custody of the respondent at the time when he was served, or at best when he first learned that it was allowed. The Immigration Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289J4a et seq.) leaves it not altogether clear when “the immigration officer” loses custody of an alien. Section 17 (section 4289J4.Ü) provides that a board of special inquiry “shall have authority to determine whether an alien * * * shall be deported.” Again their decision to exclude “shall be final,…