Legal Opinion

Ex parte Griffin

District Court, N.D. New York

Decided December 2, 1916PublishedCited by 17 opinions

Petition by Edward Dempster Griffin for a writ of habeas corpus. This is an application by Edward Dempster Griffin, who claims to be a citizen of the United States, for his release from the custody of the immigration officers of the United States, who seek his deportation to Canada on the ground that he (Griffin) is not a citizen of the United States, or entitled to be in the United States, but is a deserter from the British army, he having voluntarily expatriated himself,…

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Petition by Edward Dempster Griffin for a writ of habeas corpus. This is an application by Edward Dempster Griffin, who claims to be a citizen of the United States, for his release from the custody of the immigration officers of the United States, who seek his deportation to Canada on the ground that he (Griffin) is not a citizen of the United States, or entitled to be in the United States, but is a deserter from the British army, he having voluntarily expatriated himself, by voluntarily removing to the Dominion of Canada with his family and then and there voluntarily enlisting in the 156th…

1Opinion of the Court

RAY, District Judge.

The questions involved are important, especially for the reason, if a citizen of the United States by voluntarily *447going to Canada and there enlisting in its army and taking the oath of allegiance to the king of England and serving in such army does not lose his citizenship in the United States, he may serve in the English army for months and perhaps years, sustain injuries in such service which forever totally disable him from earning a support for himself or family, and then return to the United States and here become a public charge. .There is before this court an…

2Cases cited16 opinions

  1. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  2. Wong Wing v. United StatesSupreme Court of the United States · 1896
  3. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  4. Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
  5. Smith v. TurnerSupreme Court of the United States · 1849

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3Cited by17 opinions

  1. Savorgnan v. United StatesSupreme Court of the United States · 1950
  2. Perez v. BrownellSupreme Court of the United States · 1958
  3. Green v. ObergfellCourt of Appeals for the D.C. Circuit · 1941
  4. Acheson, Secretary of State v. MaenzaCourt of Appeals for the D.C. Circuit · 1953
  5. United States Ex Rel. Scimeca v. HusbandCourt of Appeals for the Second Circuit · 1925

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