United States Ex Rel. Stapf v. Corsi

By writ of habeas corpus petitioner challenged the legality of his arrest for deportation as an alien alleged to have remained in the United States in violation of the terms of § 14 of the Immigration Act of 1924 (c. 190, 43 Stat., 153, 162). That section provides:

“Any alien who at any time after entering the United States is found ... to have remained therein for a longer time than permitted under this Act or regulations made thereunder, shall be taken into custody and deported ...”

The undisputed facts are that petitioner, a German citizen, deserted his ship, the Hansa, February 15, 1923, in…