Toku Sakai v. United States

Appeal from decree discharging the writ of habeas corpus of appellant, Toku Sakai. Deportation proceedings were prosecuted under that portion of section 3 of the Immigration Law, which reads as follows:

The District Court ordered appellant to be deported.

Appellant makes two points: First, that she had no hearing- before the immigration authorities at the port of Honolulu, as required by law; second, that she was given “only the semblance of a hearing” before the immigration authorities at the port of Honolulu.

The record shows these facts: That on September 29, 1913, a cablegram in code form was sent by the Acting Secretary of Labor at Washington, D. C., to the “Immigration Service” at Honolulu, ordering the arrest of Toku Taki (sic) and that she should be taken before *493 the immigration authorities for hearing, and that the record of proceedings be forwarded to the Department at Washington; that she was found practicing prostitution after entry into the United States. Authority for her release from custody under a bond was also granted in the cablegram.

It appears that on October 2, 1913, at Honolulu, appellant, who said her name was Toku Sakai, appeared before Harry B.…