Carmichael

Tom Wing Art v. Carmichael

Good Law
117 F.2d 158·1941 U.S. App. LEXIS 4197
United States Court of Appeals for the Ninth CircuitJanuary 9, 1941No. 9564California415 words

Opinion

Lead Opinion

Mathews, J.

Pursuant to § 19 of the Act of February 5, 1917, c. 29, 39 Stat. 889 , 8 U.S.C.A. § 155 , 1 the Secretary of Labor issued a warrant for the arrest of appellant, a Chinese alien, and — after appellant had been arrested and given a hearing — a warrant for his deportation to China, because of his having been (1) found connected with the management of a house of prostitution; (2) found receiving, sharing in or deriving benefit from the earnings of a prostitute; and (3) found managing a house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather. Appellant petitioned for and obtained a writ of habeas corpus, which, after a hearing, was discharged. From the order discharging the writ this appeal is prosecuted.

Appellant’s immigration record — a record of the proceedings which culminated in the issuance of the warrant for appellant’s deportation — was incorporated in and made part of his petition for habeas corpus, was received in evidence by the court below, and is the only evidence in the case. *159 Therefrom it appears that the proceedings were in all respects lawful and regular, that the hearing…

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