Ex parte Cardonnel
Ex parte Cardonnel
Opinion of the Court
The application of petitioner for the writ of habeas corpus must be denied.
Petitioner is held in the custody of the immigration commissioner of the port of San Francisco under a warrant of deportation from the Secretary of Commerce and Labor based upon a finding that petitioner is an alien not entitled to remain in the United States under the terms of the Immigration Act of February 20, 1907, as amended by Act March 26, 1910.
- The validity of the warrant is assailed upon various grounds. It is repeatedly alleged that the hearing given the petitioner by the immigration authorities upon which the order was based was “not a full and fair hearing, nor full'or fair, nor any legal hearing at all.” But the facts set up to sustain this conclusion are in no -respect different in kind or material substance from those urged against the sufficiency of the hearing and held bad in the recent case from this district of Low Wah Suey v. Backus (No. 869) 225 U. S. 460, 32 Sup. Ct. 734, 56 L. Ed. -, decided by the Supreme Court on June 7th.
While there are other grounds alleged in the petition against the validity of the order, 1 regard them as in the nature of mere conclusions involving no merit either of law or fact, and as not requiring special notice.
The writ is accordingly denied, and the application dismissed.
Reference
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- Ex parte CARDONNEL
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- Syllabus
- 1. Aliens (§ 51*) — Deportation—Persons Obnoxious. Where an alien in deportation proceedings, during her examination, admitted that she was an inmate of or connected with a house of prostitution, she thereby confessed that she was an inadmissible alien and subject to deportation under Immigration Law (Act Cong. March 26, 1910, c. 128, § 2, 36 Stat. 264 [U. S. Comp. St. Supp. 1911, p. 502]). [Ed. Note. — For other cases, see Aliens, Dec. Dig. § 51.*] 2. Aliens (§ 40*) — Constitutional Law (§§ 188, 197*) — Retroactive Statutes — Ex Post Facto Laws — Deportation. Petitioner, an alien, having been found engaged in prostitution after the amendment of Immigration Act Feb. 20, 1907, c. 1134, § 3, 34 Stat. 899,. by Act Cong. March 26,1910, c. 128, § 2, 36 Stat. 264 (U. S. Comp. St. Supp. 1911, p. 502), eliminating the. three-year limitation, it was no defense against an order of deportation that she had been a resident within the country more than three years prior to her arrest; .the amendment applying to her misconduct after its passage not being objectionable as either retroactive or ex post facto. [Ed. Note. — For other cases, see Aliens, Cent. Dig. § 100; Dec. Dig. § 40;* Constitutional Law, Cent. Dig. §§ 530, 550; Dec. Dig. §§ 188, 197.*]