192 F. 467 | 7th Cir. | 1911
(after stating the facts as above). The decree of the District Court discharges the appellee from the custody
The act of February 14, 1903, creating the Department of Commerce and Labor (32 Stat. 825 [U. S. Comp. St. Supp. 1909, p. 87]), transferred to that department from the Department of the Treasury the control and duties for such enforcement, and it plainly appears that the executive proceedings in question were instituted and conducted in conformity with the statute, and that the deportation warrant issued by the Secretary states his finding of cause therefor within the terms of the statute. The writ of habeas corpus and decree therefore rest upon the twofold contention: (1) That the Secretary’s finding of cause is thus reviewable; and (2) that the evidence submitted to the Secretary was insufficient to support the finding. The evidence referred to consists of certified copies of sundry Italian certificates, purporting to be judicial certificates of conviction for crimes stated, together with certified copies of the testimony of appellee and other, witnesses, stipulated of record for the purpose of the habeas corpus proceedings.
We believe the rule to be settled, however, under these congressional enactments, that their enforcement against aliens is vested exclusively
We are of opinion, therefore, that the appellee is not entitled to the writ of habeas corpus for relief from the deportation order in question, and the decree of the District Court is reversed, with direction to dismiss the petition and remand the appellee to the appellant’s custody.