245 F. 320 | 9th Cir. | 1917
This case is here on appeal by the commissioner of immigration from the judgment discharging the appellee from the judgment and order of the commissioner directing his deportation. The cause first came up for hearing in the District Court, on demurrer to the petition of appellee for a writ of habeas corpus. The demurrer being overruled, a hearing was had on the merits, resulting in the discharge of the appellee.
The same question is presented here as in the case of Joseph B. Katz v. Commissioner of Immigration, 245 Fed. 316, — C. C. A. —, which is decided herewith, namely, whether the testimony before the commissioner is of a nature to support his finding and order of deportation. Besides the testimory noticed in the Joseph B. Katz Case, to which reference is here made, we will review the additional testimony contained in this record which has allusion to Harry Katz.
Harry Katz was a resident of Sacramento, in the state of California, but an occasional visitor to Colfax, Charles H. Hill deposes that, in the latter part of 1909 and the early part of 1910, he saw a person,
Now, while there is a variation of the showing here, there is nothing of substance to differentiate this from the Joseph B. Katz Case, and what we have said there upon the subject in hand has pertinent application here, and is decisive, also, of the present controversy.' There is no substantive proof in the record competent to establish the fact alleged that appellant received or was receiving the earnings of a prostitute. The Joseph B. Katz Case is therefore decisive of this, and the judgment of the District Court will be affirmed.
(gss>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes