Brewster v. Villa

SIBLEY, Circuit Judge.

Jose Villa, held under a warrant for deportation as a Mexican, obtained a writ of habeas corpus on the claim that he is a citizen by birth of the United States. The immigration officer in response to the writ set up that the warrant under which Villa is held was issued by the Secretary of Labor after a full and fair hearing, and in accordance with law, and he denied all allegations of the petition not thus admitted. No traverse was made of the answer, but evidence was heard and the judge held that Villa was born in the United States and is entitled to be released.

Since…