Davies v. Manolis

Citations

• 179 F. 818
• 103 C.C.A. 310
• 1910 U.S. App. LEXIS 4710

Syllabus

<p>1. Aliens (§ 54*) — Enforcement oe Immigration Laws — Review of Decisions of Executive Officers.</p> <p>The power of Congress is well settled either to exclude aliens altogether or to prescribe terms upon which they may come to this country, and to have its declared policy in that regard enforced exclusively through executive officers whose decisions on questions of fact are conclusive ; but it is equally well settled that their decisions on questions of law are not conclusive on the courts which have power to grant relief to an individual aggrieved by ah erroneous decision of a legal question by a department officer. .</p> <p>[Ed. Note. — For other cases, see Aliens, Cent. Dig. § 112; Dec. Dig. § 54.*] °</p> <p>2. Aliens (§ 54*) — Enforcement of Immigration Laws — Questions Reviewable by 'Courts.</p> <p>In proceedings under the immigration laws, the final determination of the statute applicable to the ease and interpretation of the grant of power therein cannot rest with the executive officers under our system of government; hut the ultimate decision of such questions must remain with the courts.</p> <p>[Ed. Note. — For other cases,- see Aliens, Cent. Dig. § 112; Dec. Dig. § 54.*]</p> <p>3. Aliens (§ 54*) — Deportation—Legality of Order or Warrant of Deportation — Necessity of Hearing.</p> <p>Where the warrant of arrest, under which proceedings for the deportation of an alien were instituted, conducted, and concluded, charged alone a violation of Act Feb. 20, 1907, c. 1134, 34 Stat. 898 (U. S. Comp. St. Supp. 1909, p. 447), but the proof and findings of the inspector before whom the hearing was had showed that the accused arrived in this country in 1906, such proceedings do not authorize a warrant of deportation by the Department of Commerce and'Labor for violation of Act March 3, 1903, c. 1012, 32 Stat. 1213, then in force, without a hearing on such charge, and the accused taken into custody on a warrant so issued is entitled to discharge on a writ of habeas co