Legal Opinion

United States ex rel. Rosen v. Williams

Court of Appeals for the Second Circuit

Decided November 11, 1912No. 19PublishedCited by 28 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York; E. H. Lacombe, Judge. Habeas corpus by the United States, on the relation of Jeheil Rosen, an alien, to obtain relator’s relief from the custody of the Commissioner of Immigration of the port of New York pursuant to a warrant of deportation containing a finding of the acting Secretary of Commerce and Labor that relator was a member of the excluded classes, in that hé had admitted having…

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Appeal from the Circuit Court of the United States for the Southern District of New York; E. H. Lacombe, Judge. Habeas corpus by the United States, on the relation of Jeheil Rosen, an alien, to obtain relator’s relief from the custody of the Commissioner of Immigration of the port of New York pursuant to a warrant of deportation containing a finding of the acting Secretary of Commerce and Labor that relator was a member of the excluded classes, in that hé had admitted having committed bigamy prior to his entry into the United States. From an order dismissing the writ, relator appeals.

1Opinion of the Court

NOYES, Circuit Judge.

In the very recent habeas corpus proceedings (Lou Wah Suey v. Backus, 225 U. S. 460, 468, 32 Sup. Ct. 734, 735 (56 L. Ed. 1165]) involving the sections of the Immigration Act of 1907 in question in the present case, the Supreme Court of the United States has said with respect to the effect of the decisions of executive officers in immigration cases:

“A series of decisions in tills court lias settled that such hearings before executive officers may he made conclusive when fairly conducted. In order to successfully attack by judicial proceedings the conclusions and orders…

2Cases cited10 opinions

  1. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  2. Low Wah Suey v. BackusSupreme Court of the United States · 1912
  3. Chew Heong v. United StatesSupreme Court of the United States · 1884
  4. Gonzales v. WilliamsSupreme Court of the United States · 1904
  5. United States v. Jung Ah LungSupreme Court of the United States · 1888

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3Cited by28 opinions

  1. United States ex rel. Carapa v. CurranCourt of Appeals for the Second Circuit · 1924
  2. United States ex rel. Bauder v. UhlCourt of Appeals for the Second Circuit · 1914
  3. Blumen v. HaffCourt of Appeals for the Ninth Circuit · 1935
  4. Healy v. BackusCourt of Appeals for the Ninth Circuit · 1915
  5. Howes v. TozerCourt of Appeals for the First Circuit · 1925

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