Nishimura Ekiu v. United States
Citations
- 142 U.S. 651
- 12 S. Ct. 336
- 35 L. Ed. 1146
- 1892 U.S. LEXIS 1999
Syllabus
<p>The act of March 3, 1891, c. 551, forbidding certain classes of alien immigrants to land in the United States, is constitutional and valid.</p> <p>Upon a writ of habeas corpus, if sufficient ground for the prisoner’s detention by the government is shown, he is not to be discharged for defects, in thé original arrest or commitment.</p> <p>Inspectors of immigration under the act of March 3, 1891, c. 551, are to he appointed by the Secretary of the Treasury.</p> <p>The decision of an inspector of immigration, within the authority conferred , upon him by the act of March 3, 1891, c. 551, that an alien immigrant shall not be permitted to land, because within one of the classes specified •in that act, is final and condusive against his right to land, except upon appeal to the commissioner of immigration and the Secretary of the Treasury; and cannot be reviewed on habeas corpus, even if it is not shown that the inspector took or recorded any evidence on the question.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “It is not within the province of the judiciary to order that foreigners . . . shall be permitted to enter . . . .”
- “An alien immigrant, prevented from landing by any such officer claiming authority to do so under an act of congress, and thereby restrained of his liberty, is doubtless entitled to a writ of habeas corpus to ascertain whether the restraint is lawful.”
- “An alien immigrant, prevented from landing by any such officer claiming authority to do so under an act of Congress, and thereby restrained of his liberty, is doubtless entitled to a writ of habeas corpus to ascertain whether the restraint is lawful.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cray, Brewer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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