Legal Opinion

In re Monaco

U.S. Circuit Court for the District of Southern New York

Decided April 1, 1898PublishedCited by 9 opinions

This was an application for a writ of habeas corpus by Sofia Monaco and others, who have been refused a right to land in this country by the immigration or customs officers.

1Opinion of the Court

LAOOMBE, Circuit Judge.

The statutes regulating immigration evidently contemplate that the alien immigrant shall have at least the opportunity to appeal from the subordinate officers to the secretary of the treasury; and, where he is prevented by the subordinate officers from presenting his case to that tribunal of review, it seems not to be within the intent of congress that the decision of the subordinate officers shall be final. The language used is, "Shall be final unless reversed on appeal to the secretary of the treasury.” 28 Hlai. 8!)(). When it is remembered that this section took away…

2Cited by9 opinions

  1. Rodgers v. United States ex rel. BuchsbaumCourt of Appeals for the Third Circuit · 1907
  2. United States v. NakashimaCourt of Appeals for the Ninth Circuit · 1908
  3. Ex parte PettersonDistrict Court, D. Minnesota · 1908
  4. In re Can PonCourt of Appeals for the Ninth Circuit · 1909
  5. In re OtaDistrict Court, N.D. California · 1899

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