Legal Opinion

In re Moses

U.S. Circuit Court for the District of Southern New York

Decided December 11, 1897PublishedCited by 13 opinions

Petition of Marcus Dioses for Writ of Habeas Corpus. Petitioner (tame to this country from Roumania, of which country he was-a native, and cm March 23, 1897. declared his intention of becoming a citizen of Hie United States. Since his arrival he has resided in the city of New York. Oil November 23, 1897, Yette Moses, wife of the petitioner, and five of their children under ten years of age, arrived at tills port by the steamship Obdam, and demanded to be permitted to land.

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Petition of Marcus Dioses for Writ of Habeas Corpus. Petitioner (tame to this country from Roumania, of which country he was-a native, and cm March 23, 1897. declared his intention of becoming a citizen of Hie United States. Since his arrival he has resided in the city of New York. Oil November 23, 1897, Yette Moses, wife of the petitioner, and five of their children under ten years of age, arrived at tills port by the steamship Obdam, and demanded to be permitted to land. On inspection made in. accordance with the immigration laws of the United States, they did not appear to the inspecting…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts). The act of August 18,1894, c. 301 (28 Stat. 390), provides that:

“In every case where an alien is excluded from admission into the United States under any law or treaty now existing or hereafter made, the decision of the appropriate immigration or custom officers, if adverse to the admission of such alien, shall be final, unless reversed on appeal to the secretary of the treasury.”

If, therefore, the petitioner’s wife and children are “aliens,” this court cannot inquire into the correctness of the decision of the immigration officers. Lem Moon Sing v. U. S., 158 U. S.…

2Cases cited6 opinions

  1. Lem Moon Sing v. United StatesSupreme Court of the United States · 1895
  2. City of Minneapolis v. ReumCourt of Appeals for the Eighth Circuit · 1893
  3. Lanz v. RandallU.S. Circuit Court for the District of Minnesota · 1876
  4. In re MartorelliU.S. Circuit Court for the District of Southern New York · 1894
  5. In re MaiolaU.S. Circuit Court for the District of Southern New York · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States ex rel. Bauder v. UhlCourt of Appeals for the Second Circuit · 1914
  2. Frick v. LewisCourt of Appeals for the Sixth Circuit · 1912
  3. Ex parte GraberDistrict Court, N.D. Alabama · 1918
  4. United States v. NakashimaCourt of Appeals for the Ninth Circuit · 1908
  5. Ex parte HoffmanCourt of Appeals for the Second Circuit · 1910

8 more not listed; retrieve them via the Exa API.

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