United States ex rel. Ueberall v. Williams

Citations

• 187 F. 470
• 1911 U.S. Dist. LEXIS 292

Syllabus

<p>1. Aliens (§ 53*) — Immigration—Re-Entry.</p> <p>Relator, an alien of the excluded classes, having been in the United States more than three years, shortly before his arrest as an alien not entitled to enter, while in Niagara Falls, passed from the American to the Canadian side to view the falls, and, after staying there an hour or more, came back to New York, and shortly thereafter was arrested. Held, that, his return to the United States after going into Canada constituted a re-entry, after which he was subject to deportation.</p> <p>[Ed. Note. — For other cases, see Aliens, Dec. Dig. § 5.3.*]</p> <p>2. Habeas Corpus (§ 23*) — Deportation of Alien — Erroneous Blace.</p> <p>Where an alien was legally in custody in deportation proceedings, and was not entitled to remain in the United States, he was not entitled to discharge on habeas corpus, because the warrant under which he was detained indicated an intention on the part of the Secretary of Commerce and Labor to deport him to the wrong country, since habeas corpus will only lie to release an alien after he has been adjudged entitled to remain in the country.</p> <p>rEd. Note. — For other cases, see Habeas Corpus, Dec. Dig. § 23.*]</p>