Legal Opinion

Gegiow v. Uhl

Supreme Court of the United States

Decided October 25, 1915No. 340PublishedCited by 149 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the construction of the Alien Immigration Act and the power of the Commissioner of Immigration to exclude aliens on the ground of likelihood of their becoming a public charge, are stated in the opinion. Alien immigrants are entitled to -due process of law under the Fifth Amendment, and under § 25 of the Immigration Law, and generally under our treaties with foreign countries.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts, which involve the construction of the Alien Immigration Act and the power of the Commissioner of Immigration to exclude aliens on the ground of likelihood of their becoming a public charge, are stated in the opinion. Alien immigrants are entitled to -due process of law under the Fifth Amendment, and under § 25 of the Immigration Law, and generally under our treaties with foreign countries. It is a denial of due process of law to deny proper hearing or to order deportation on undisclosed assumption of controverted…

1Opinion of the CourtJustice Holmes

The petitioners are Russians seeking to enter the United States. They have been detained for deportation by the Acting Commissioner of Immigration and have sued out a writ of habeas corpus. The writ was dismissed by the District Court and the Circuit Court of Appeals. 211 Fed. Rep. 236. 215 Fed. Rep. 573. 131 C. C. A. 641. By the return it appears.that they are part of a group of illiterate laborers, only one of whom, it seems, Gegiow, speaks even the ordinary Russian tongue, and in view of that fact it was suggested in a letter from the Acting Commissioner to the Commissioner General that…

2Cases cited6 opinions

  1. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  2. Chin Yow v. United StatesSupreme Court of the United States · 1908
  3. Lewis v. FrickSupreme Court of the United States · 1914
  4. Zakonaite v. WolfSupreme Court of the United States · 1912
  5. Gonzales v. WilliamsSupreme Court of the United States · 1904

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3Cited by149 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. Department of Homeland Security v. ThuraissigiamSupreme Court of the United States · 2020
  3. Estep v. United StatesSupreme Court of the United States · 1946
  4. Perkins v. Lukens Steel Co.Supreme Court of the United States · 1940
  5. Ng Fung Ho v. WhiteSupreme Court of the United States · 1922

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