Ex parte Garcia
Opinion
lead Opinion
Dietrich, J.
On October 28, 1913, after an extended investigation, the Secretary of Commerce and Labor issued a warrant for the deportation of one Pedro Garcia, an alien, who first came to this country from Spain in 1899. The warrant is based upon a finding of fact to the effect that in violation of section 3 of an act of Congress approved February 20, 1907 ( 34 Stat. 899 , c. 1134 [U. S. Comp. St. Supp. 1909, p. 450]), as amended by an act approved March' 26, 1910 ( 36 Stat. 264 , c. 128, § 2 [U. S. Comp. St. Supp. 1911, p. 502]), the alien, while domiciled in the state of California, and for some time immediately prior to his arrest in July, 1912, was, at the town of Vallejo, “found receiving, sharing in, and deriving benefit from the earnings of prostitutes, and- * * * was connected with the management of a house of prostitution.” Feeling aggrieved by the issuance of the warrant, Garcia has presented a petition for a writ of habeas corpus, accompanied by a copy of all the proceedings before the immigration officials, to which petition, in response to an order to show cause, the immigration officers have filed a demurrer. The present submission is upon the demurrer,- which calls into…