Low Kwai v. Backus
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Habeas corpus by Low Kwai and wife against Samuel W. Backus, as Commissioner of Immigration of the Port of San Francisco. From an order discharging the writ, and remanding one of the petitioners to custody for deportation, the petitioners appeal.
1DissentGilbert, Circuit Judge
I dissent on two grounds.
First. The provisions of the statute were substantially complied with. The application for the warrant of arrest was made on April 2, 1913. Nine lays later it was granted, but by the Secretary’s order, which accompanied it, it was not to be executed “unless your investigation develops facts justifying such action.” This instruction was obeyed, and the appellant was not arrested until October 17, 1913, and after evidence was furnished in the sworn statements of four witnesses which fully justified the arrest. “Irregularities in the order of arrest do not affect the…
2Cases cited14 opinions
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- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- United States v. McBratneySupreme Court of the United States · 1882
- Coleman v. TennesseeSupreme Court of the United States · 1879
- United States ex rel. Rosen v. WilliamsCourt of Appeals for the Second Circuit · 1912
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