United States ex rel. Ross v. Wallis
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Habeas corpus by the United States, on relation of McGregor S. Ross, against Frederick A. Wallis, Commissioner of Immigration at New York City. From an order dismissing the writ, relator appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Habeas corpus by the United States, on relation of McGregor S. Ross, against Frederick A. Wallis, Commissioner of Immigration at New York City. From an order dismissing the writ, relator appeals. Ross prayed a writ of habeas corpus on the ground that he “verily believed that he was born in the United States,” and yet was held in custody by the respondent as Immigration Commissioner and so held for deportation to Scotland in accordance with a warrant issued by the Secretary of Labor dated May 25, 1920,…
1Opinion of the CourtHough, Circuit Judge
(after. stating the facts as above). The stipulation just referred to obliges us to assume that in every respect, except the place of his birth, the relator is a fit subject for deportation.
[1,2] The-only inquiry before us is: Where was Ross born? This being a question of fact, its determination has been committed by Congress, not to the courts, but to the Department of Uabor. Judicial inquiry is by habeas corpus alone; under that writ we can only examine the legality of departmental action, and that under the statute *403the department is not bound by the “rules of evidence” is firmly…
2Cases cited3 opinions
- Morrell v. BakerCourt of Appeals for the Second Circuit · 1920
- United States ex rel. Haum Pon v. SissonCourt of Appeals for the Second Circuit · 1916
- United States v. DartDistrict Court, N.D. Georgia · 1918
3Cited by36 opinions
- Zadvydas v. DavisSupreme Court of the United States · 2001
- United States Ex Rel. Bilokumsky v. TodSupreme Court of the United States · 1923
- Pedro Rodriguez-Fernandez v. George C. Wilkinson, WardenCourt of Appeals for the Tenth Circuit · 1981
- Christianson v. ZerbstCourt of Appeals for the Tenth Circuit · 1937
- Kim Ho Ma v. AshcroftCourt of Appeals for the Ninth Circuit · 2001
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