United States v. Sui Joy

Good Law
240 F. 392·1917 U.S. App. LEXIS 2376
United States Court of Appeals for the Ninth CircuitFebruary 5, 1917Nos. 2800-2802California1,028 words

Opinion

lead Opinion

Gilbert, J.

These cases were heard in the court below upon writs of habeas corpus issued to determine the legality of orders of deportation made against the petitioning aliens and the returns of the inspector in charge to the writs. The charge against each was that he was found receiving, sharing in, and deriving, benefit from the earnings of a prostitute, and deportation was ordered under the provisions of section 3 of the act of Congress of March 26, 1910, entitled “An act to amend an act entitled ‘An act to regulate the immigration of aliens into the United States, approved February 20, 1907.” *393 The court below entered orders discharging each of the appellees, holding that those persons who admittedly were residents of the territory of Hawaii before annexation thereof by the United States did not enter the United States, within the meaning of the act above referred to, and that Congress has no power to regulate the affairs of aliens within the United States, excepting under its constitutional authority “to regulate commerce with foreign nations,” and that whereas, Congress may permit an alien immigrant to land under certain conditions as to conduct thereafter while in the country,…

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