Hopkins v. Fachant

Citations

• 130 F. 839
• 65 C.C.A. 1
• 1904 U.S. App. LEXIS 4231

Syllabus

<p>1. Aliens — Deportation—Powers of Administrative Officers.</p> <p>The Alien Immigration Act of March 3, 1903, c. 1012, § 21, 32 Stat. 1218 [U. S. Comp. St. Supp. 1903, p. 180], does not confer authority on the Secretary of the Treasury to arbitrarily order the deportation of an alien who has entered this country and become a part of its population without giving such alien an opportunity to be heard on the questions involving his or her right to be and remain in the United States in such manner as is consistent with the principles that inhere in due process of law.</p> <p>2. Same — Marriage of Alien to Citizen — Eight to Discharge from Custody.</p> <p>Where an alien woman, who has come into this country, pending proceedings for her deportation under the immigration laws, marries a citizen of the United States, she at once takes the status of her husband, and, unless released from custody, is entitled to be discharged on a writ of habeas corpus.</p> <p>If 2. Citizenship under state and federal laws, see note to City of Minneapolis v. Keum, 6 C. C. A. 37.</p>