Lavin v. Le Fevre
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. Habeas corpus proceedings were instituted by counsel on behalf of the appellees in the superior court of the state of Washington for King county, alleging their illegal detention at Seattle by the appellant Sister Superior M. Angelique, of the House of the Good Shepherd; said detention being by authority and request of the appellant James P. Lavin, United States…
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Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington. Habeas corpus proceedings were instituted by counsel on behalf of the appellees in the superior court of the state of Washington for King county, alleging their illegal detention at Seattle by the appellant Sister Superior M. Angelique, of the House of the Good Shepherd; said detention being by authority and request of the appellant James P. Lavin, United States immigrant inspector. After the service of the writ of habeas corpus upon the sister superior, the appellants petitioned the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The errors relied upon by the appellants are, first, that the question of the deportation of the appellees was within the judgment and the jurisdiction of the Secretary of the Treasury, and not within the jurisdiction of the Circuit Court; second, that after assuming jurisdiction the court erred in determining, contrary to the determination of the Secretary of the Treasury, that the appellees should be returned to British Columbia, and not to France.
The court below found the cause of the detention of the appellees to be as set forth in the return of the…
2Cases cited5 opinions
- The Japanese Immigrant CaseSupreme Court of the United States · 1903
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- Lem Moon Sing v. United StatesSupreme Court of the United States · 1895
- Fok Yung Yo v. United StatesSupreme Court of the United States · 1902
- United States v. YamasakaCourt of Appeals for the Ninth Circuit · 1900
3Cited by3 opinions
- Ex parte HamaguchiDistrict Court, D. Oregon · 1908
- Dos Reis ex rel. Camara v. NicollsDistrict Court, D. Massachusetts · 1946
- Ex parte HalkidesDistrict Court, W.D. New York · 1923