Ex parte Britten
District Court, W.D. Washington
Habeas Corpus. Petition of William Henry Britten for writ to secure relief from order for deportation. The petitioner, a native of Ireland, citizen of Canada, 38 years of age, married, literate, came to Canada from England, an enlisted man in the British navy, landing at Vancouver, B. C., in 1910, stationed at Esquimalt.
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Habeas Corpus. Petition of William Henry Britten for writ to secure relief from order for deportation. The petitioner, a native of Ireland, citizen of Canada, 38 years of age, married, literate, came to Canada from England, an enlisted man in the British navy, landing at Vancouver, B. C., in 1910, stationed at Esquimalt. He deserted in 1911. From 1911 to 1917 he was employed as a member of the crew of the steamship Prince Rupert, Grand Trunk Steamship Company, sailing out of Victoria. In January, 3917, lie enlisted in the Canadian army at Victoria, served two years, served overseas, and was…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above).
[1] The sole question fon the court to determine is whether a fair trial was accorded the petitioner, and whether there was any evidence to support the order of deportation. Chin Yow v. U. S., 208 U. S. 11, 28 Sup. Ct. 201, 52 L. Ed. 369. Upon the argument, the question of “likely to become a public charge” was not pressed. In view of the conclusion that must be reached, I should say that “likely to become a public charge” is not limited to physical or mental condition, and ability to labor, or lack of funds, but is comprehended likewise within a status and…
2Cases cited3 opinions
- Chin Yow v. United StatesSupreme Court of the United States · 1908
- Ex parte HornDistrict Court, W.D. Washington · 1923
- Ex parte ReevesDistrict Court, W.D. Washington · 1923
3Cited by4 opinions
- United States Ex Rel. Medich v. BurmasterCourt of Appeals for the Eighth Circuit · 1928
- United States ex rel. Lehtola v. MagieDistrict Court, D. Minnesota · 1931
- Ex parte RileyDistrict Court, D. Maine · 1926
- Fralli v. JohnsonDistrict Court, D. Massachusetts · 1924