Nagle

Lee Loy v. Nagle

Good Law
15 F.2d 50·1926 U.S. App. LEXIS 2815
United States Court of Appeals for the Ninth CircuitOctober 25, 1926No. 4908California514 words

Opinion

Lead Opinion

Neterer, J.

The petitioner, upon arrival at the port of San Erancisco by steamship, December 2, 1925, after examination by Board of Special Inquiry was denied entry. He appealed to the Secretary of Labor. Appeal was dismissed and deportation ordered. He petitioned the District Court for a writ of habeas corpus, and order to show cause was issued, and upon hearing the writ was denied. He seeks reversal on the ground that the hearing was unfair, and that the immigration authorities failed to transmit as a part of the transcript an interview of counsel with the petitioner; that the hearing was in error in that petition for rehearing was not allowed; that error was committed in failing to present a portion of the record, a certain alleged letter of transmittal.

By the provisions of section 17, Act of February 5, 1917 (Comp. St. § 4289)4ii), the hearing before the department is final, if there is any evidence to support the finding. To justify a review by the court, there must be something more than “the basis of a dispute.” Tulsidas v. Insular Collector of Customs, 262 U. S. 258 , 43 S. Ct. 586 , 67 L. Ed. 969 . After taking the evidence all together, the department found the right to enter not…

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