67 F. 114 | U.S. Circuit Court for the District of Southern New York | 1895
The relator is detained, under a decision of the immigration authorities, as “an alien or foreigner intended to be imported into the United States under a contract or agreement to perform labor therein.” By statute of the United States, the decisions of inspecting officers touching the right of any alien to land, when adverse to such right, are made final, and it has been held to be within the constitutional power of congress to make them so. See In re Howard, 63 Fed. 263, and statutes and authorities therein cited. The relator, however, contends that under the decisions of this court (In re Panzara, 51 Fed. 275; In re Martorelli, 63 Fed. 437) the question whether or not the alien is an immigrant may still be inquired into, since courts, upon habeas corpus, will always look into the question of jurisdiction, and jurisdiction to decide finally touching the right to land has only been confided to the inspecting officers in the case of an immigrant. The relator’s point is well taken. The entire body of statute law touching the exclusion of contract laborers, viz. Act Feb. 26, 1885 (23 Stat. 332); Act Feb. 23, 1887 (24 Stat 414); Act Oct. 19, 1888, c. 1210, Deficiency Bill (25 Stat. 566); Act March 3, 1891; and Act March 3, 1893,—conclusively show that it is directed solely against alien immigrants, not against alien residents when returning after a temporary absence. The very section (section 8)' of the act of 1891 under which the inspection officers acted, and which makes their adverse decision final, provides for an inspection of “alien immigrants” who may arrive by water; and it is testimony touching the right of “such aliens” to enter the United States that the inspecting officers are to take and consider, during which inspection “such aliens” are to be properly housed, fed, and cared for. The next en