Frick v. Lewis

Citations

• 195 F. 693
• 115 C.C.A. 493
• 1912 U.S. App. LEXIS 1419

Syllabus

<p>1. Aliens (§ 51*)—Proceedings eor Deportation—Review by Courts’.</p> <p>Where there is no evidence to support a charge that an alien is unlawfully in the United States, the Department of Commerce and Labor cannot rightfully issue a warrant of deportation, But where a fair, though summary, hearing has been given in ascertaining whether there is or is not any proof tending to sustain the charge, it is not open to the courts to consider either admissibility or weight of proof, and they cannot interfere if anything was offered that tends, though slightly, to sustain the charge.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. § 112; Dec. Dig. § 54.*]</p> <p>2. Aliens (§ 53*)—Right of Deportation—Entry in Violation of Law-Effect of Previous' Residence in United States.</p> <p>. Under Immigration Act Feb. 20, 1907, e. 1134, §§ 2, 21, 34 Stat. 898, 905 (U. S. Comp. St. Supp. 1909, pp. 448, 459), which excludes certain classes of aliens, and vests power in the Secretary of Commerce and Labor to deport an alien who has been found here in violation of the act within the period of three years after landing or entry, the fact that an alien entering has been a resident of the United States for a number of years, and had declared his intention to become a citizen, and that he left the country for a temporary purpose, is immaterial; the statute being applicable so long as he remains an alien, and the legality of the last entry is to be determined as though there had been no previous entry, with the right to deport within three years thereafter.</p> <p>[Ed. Note.—For other eases, see Aliens, Cent. Dig. § 112; Dec. Dig. § 53.*]</p> <p>3. Aliens (§ 53*)—Right of Deportation—Importation of Women for Immoral Purposes—Construction of Statute.</p> <p>Immigration Act Feb. 20, 1907, c. 1134, §§ 2, 21, 34 Stat. 898, 905 (U. S. Comp. St. Supp. 1909, pp. 448, 459), exclude from entry any alien who shall procure or attempt to bring in prostitutes or women or girls for immoral purpo