196 F. 372 | 7th Cir. | 1912
Appellee, an alien, was discharged on ha-beas corpus proceedings from the custody of appellant, who was about to execute a warrant of deportation.
Appellee entered the United States in January, 1910, and in June was-arrested on a warrant issued by the Secretary of Commerce and Eabor to appellant, immigration inspector, directing that appellee be taken into custody and be given a hearing on the charge “that said alien is a member of the'excluded classes, in that he has been convicted of or admits having committed a felony or other crime involving moral turpitude prior to entry.” A hearing was had, at which a witness testified that appellee had confessed that he had committed a homicide in his native land, and appellee justified the homicide on the ground of self-defense. Appellant found that “the account of the killing does not justify the absence of a criminal act involving moral turpitude,” and the Secretary of Commerce and Eabor approved the finding and issued the warrant of deportation.
The judgment'is reversed, with the direction to quash the writ and remand appellee to the custody of the officer.