Lewis v. Billings

Citations

• 225 F. 90
• 1914 U.S. Dist. LEXIS 1259

Syllabus

<p>1. Aliens @=54—Deportation Proceedings—Medical Certificate—Judicial Review.</p> <p>The exclusion by the Immigration Department of an alien will not be interfered with by the courts, where essential justice was attained, and the medical certificates as to the alien’s physical inability were not so defective that action based on them was illegal and void.</p> <p>[Ed. Note.—Eor other cases, see Aliens, Cent. Dig. § 112; Dec. Dig. @=54.]</p> <p>2. Aliens @=54—Exclusion—Proceedings Before Immigration Officials— Prejudicial Error.</p> <p>Error in refusing the attorney of an alien, in proceedings before immigration proceedings to exclude him, to appear before officers in behalf of the alien, did not render the proceedings resulting in exclusion so unfair as to warrant the court on habeas corpus to grant relief, where the alien was excluded because of physical defects which might affect his ability to earn a living, and where his attorney was refused permission to make his argument before the immigration officers, who considered additional evidence offered by him, and where the result was clearly right under the evidence.</p> <p>[Ed. Note.—For other cases, see Aliens, Cent. Dig. § 112; Dec. Dig. @=54.]</p> <p>3. Habeas Corpus @=30—Grounds—Exclusion of Aliens—Fair Hearing —Substantial Jusetc®—Representation by Counsel.</p> <p>An application by an alien, ordered deported, for habeas corpus, on the ground that by refusing to permit counsel to argue in his behalf before the board he was denied a fair hearing, should not be granted, unless he can make out a prima facie case, so that, where he was excluded because of physical defects which might affect his ability to earn a living, and the facts were not in dispute, but the only questions were the deductions therefrom, habeas corpus should not be granted.</p> <p>[Ed. Note.—For other cases, see Habeas Corpus, Cent. Dig. § 25; Dec. Dig. @=30.]</p> <p>For other eases see same topic & KEY-NUMBER in all Key-Numbered Digests & Index