Legal Opinion

United States ex rel. Mylius v. Uhl

District Court, S.D. New York

Decided February 19, 1913PublishedCited by 21 opinions

Habeas corpus by the United States, on relation of Edward F. Mylius, to obtain his discharge from the custody of Byron H. Uhl, Acting Commissioner of Immigration.

1Opinion of the Court

NOYES, Circuit Judge.

Congress has not declared in general terms that all immigrants who have been convicted of crime shall he denied admission to the United States. The immigration laws divide offenses. They provide that aliens shall be excluded in case they have been *153convicted of crimes involving moral turpitude. The inquiry is twofold: (1) Is the conviction of crime established? (2) Is the crime one which involves moral turpitude?

[1, 2] In determining whether aliens are entitled to admission, the immigration authorities act in an administrative and not in a judicial capacity. They must…

2Cases cited1 opinion

  1. State v. MasonOregon Supreme Court · 1896

3Cited by21 opinions

  1. Jean-Louis v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009
  2. Colyer v. SkeffingtonDistrict Court, D. Massachusetts · 1920
  3. Nicanor-Romero v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
  4. PEREZ-CONTRERASBoard of Immigration Appeals · 1992
  5. Mercer v. LenceCourt of Appeals for the Tenth Circuit · 1938

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