Carmichael
Tom Wing Art v. Carmichael
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…