In re Palagano
U.S. Circuit Court for the District of Southern New York
Habeas Corpus. The relators are immigrants who arrived at the port of New York on 18th February, 1889, on the Utopia, from Naples, Italy. The commissioners of emigration, after an examination, determined that they were liable to become a public charge, and so reported to the collector of the port. For the purposes of the examination the relators were removed from the ship, and after the ship started on her return voyage they were kept at .Wards’ island by the commissioners.
Read the full summary
Habeas Corpus. The relators are immigrants who arrived at the port of New York on 18th February, 1889, on the Utopia, from Naples, Italy. The commissioners of emigration, after an examination, determined that they were liable to become a public charge, and so reported to the collector of the port. For the purposes of the examination the relators were removed from the ship, and after the ship started on her return voyage they were kept at .Wards’ island by the commissioners. The collector, after the receipt of the report of the commissioners of emigration, heard other evidence as to the…
1Opinion of the Court
LacoMke, 3.,
{orally, after stating the jacts as above.) This is the position of affairs as I understand it: These persons challenge their detention. It appears as matter of fact that they are now actually restrained of their liberty by the commissioners of emigration. Upon inquiry as to why this is, it is shown, in the first place, that the commissioners determined that they were unable to take care of themselves, and were likely to become a public burden. Therefore they were, under the language of the statute of 1882, persons who should not be permitted to land. T am inclined to follow the…
2Cases cited1 opinion
- People ex rel. McIntyre v. HurlburtNew York Supreme Court · 1884
3Cited by2 opinions
- United States ex rel. De Rienzo v. RodgersCourt of Appeals for the Third Circuit · 1911
- United States ex rel. Abdoo v. WilliamsU.S. Circuit Court for the District of Southern New York · 1904