Ex parte Marchant

The petitioners in these cases sought writs of habeas corpus, alleging that they were illegally restrained of their liberty by the immigration authorities. Orders to show cause were issued, and returns thereto made by the government.

The petitioners were arrested in warrant proceedings instituted by the immigration authorities, it being charged in the warrant of arrest as to each that he “is subject to be taken into custody and returned to the country whence he came under section 19 of the Immigration Act of Feb. 5, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4289)4jj), being subject to deportation under the provisions of a law of the United States, to wit, the Immigration Act approved May 26, 1924 ( 43 Stat. 153 ), in that he is not in possession of an unexpired immigration visé, * * * ” and that “it appears that the said alien has been found in the United States in violation of the Immigration Act of February 5, 1917, for the following among other reasons: That he was a person likely to become a public charge at the time of his entry; and that he entered by water at a time or place other than as designated by the immigration officials.”

The admitted facts are as…