Ex parte Marshall

Good Law
213 F. 123·1914 U.S. Dist. LEXIS 945
United States District Court, Northern District of CaliforniaMarch 10, 1914Nos. 15,500, 15,502, 15,503, 15,524, 15,528-15,530California474 words

Opinion

lead Opinion

Dooming, J.

These cases involve the right of the individuals named to land at the Port of San Francisco, having already landed at Manila, and coming thence here.

[1] In the Case of Rhagat Singh et al., 209 Fed. 700 , this court decided that the immigration officers on the mainland might exclude therefrom aliens theretofore admitted to the Philippine Islands, upon proof satisfactory to them that the aliens so excluded are persons likely to become a public charge. Counsel for the present petitioners urges very earnestly and very ably that this is not a case of exclusion but of expulsion. Whatever it be called, the real question still remains: “Does admission to the Philippines ipso facto entitle an alien to admission to the mainland ?” It was stated in the Case of Rhagat Singh, supra:

[2, 3] The supervision over the admission of aliens to the mainland has been intrusted to the Commissioner General of Immigration, while the supervision of the admission of aliens to the Philippines is under the control of the Secretary of War. It is not a fair statement of the situation to say that the proceedings of the Immigration Department here sought to be reviewed is an attempt on the part of the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.