188 F. 350 | D. Mass. | 1910
The petitioner complains that his minor’ son, Jem Yuen, is unlawfully detained by George B. Billings, United States Commissioner of Immigration at this port.
The case appears to me to have been fully and fairly heard, considered, and decided by the proper officials. No arbitrary action or abuse of discretion on their part in regard to it is in my opinion shown. The writ must therefore be discharged, and Jem Yuen remanded to the custody of Commissioner Billings.
On Motion to Admit to Bail.
The writ prayed for by the petitioner having issued, and due hearing having -been had thereon, the court held on July 21, 1910, that Jem Yuen, an alien and a Chinese person seeking to enter the country, to whom the immigration authorities had refused admittance and whom the commissioner of immigration was holding under an order of deportation, was lawfully detained by the commissioner for that purpose. The writ was therefore discharged, and Jerq Yuen remanded to the commissioner’s custody.
“On an application to any judge or court of the Ttnited States in the first instance for a writ of habeas corpus, by a Chinese person seeking to land in the ttnitetl States, to whom that privilege has been denied, no bail shall be allowed.”
This section was considered by the Circuit Court in the Southern District of New York in December, 1894, in Re Chin Yuen Sing, 65 Fed. 788. Judge Racombe said that, it was unnecessary to decide whether or not the court was expressly forbidden by the section to allow bail pending appeal from its decision dismissing a writ of ha-beas corpus, because it would be a singular exercise of discretion to allow bail after the court had decided that the alien should not be permitted to enter the country, when there was no dispute that the statute prohibits his release on bail before the court has so decided, and while there is still a possibility that its decision might admit him. The fact that in a case like this it is impossible for the court to allow hail, without thereby admitting into the country a person whose admission it holds to be prohibited by law, forbids me to believe that the words “in the first instance,” as used in section 5 of the act of
The application is denied.