Ex parte Tom Woo Chun
Opinion
Lead Opinion
Kerrigan, J.
A petition for a writ of habeas corpus has been filed in this court on behalf of Tom Woo Chun, now detained by the immigration authorities, and to be deported on December 14; 1928. The order to show cause will not be issued thereon, for failure to comply with the order of this court made November 28, 1928, with relation to the form of petitions for writs of habeas corpus. 1 The denial of the order to show cause is without prejudice to a renewed application upon amendment of the petition to conform to the order, in accordance with the views expressed herein, if counsel is so advised.
The petition fails to set forth the por *761 tions of the record relied upon to establish the fact that the detained was not given a fair hearing by the immigration authorities. Upon analysis, its pleadings are mere conclusions of law. Argument is mingled with the pleadings. Finally, in setting forth the reasons for not pleading the reeord or the facts appearing therein, counsel states that the only record available to him is now in Washington, for use in the appeal to the Secretary of Labor. On October 15, 1928, the Immigration Service made its permanent local office reeord of all immigration…