226 U.S. 272 (1912), 53, Zakonaite v. Wolf

Docket Nº:No. 53
Citation:226 U.S. 272, 33 S.Ct. 31, 57 L.Ed. 218
Party Name:Zakonaite v. Wolf
Case Date:December 02, 1912
Court:United States Supreme Court
 
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Page 272

226 U.S. 272 (1912)

33 S.Ct. 31, 57 L.Ed. 218

Zakonaite

v.

Wolf

No. 53

United States Supreme Court

December 2, 1912

Argued November 14, 1912

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF MISSOURI

Syllabus

The evidence in this case, upon which the order of deportation of an alien on the ground that she was a prostitute and was found practicing

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prostitution within three years after her entry into the United States was based, being adequate to support the conclusions of fact of the Secretary of Commerce and Labor, and there having been a fair hearing, those findings are not subject to review by the courts.

The authority of Congress to prohibit aliens from coming within the United States includes the authority to impose condition upon the performance of which the continued liberty of the alien to reside within the country depends.

A proceeding to enforce regulations under which alien may continue to reside within the United States is not a criminal proceeding within the meaning of the Fifth and Sixth Amendments.

Congress may properly devolve a proceeding to enforce regulations under which aliens are permitted to remain within the United States upon an executive department or subordinate officials thereof, and may make conclusive the findings of fact reached by such officials after a summary hearing, if fair.

Section 3 of the Act of February 20, 1907, 34 Stat. 898, c. 1134, providing for deportation of alien prostitutes within three years after entry into the United States and providing a summary proceeding for determining the fact by the Secretary of Commerce and Labor, does not violate either the Fifth or Sixth Amendment by depriving the alien of her liberty without due process of law or by denying her a jury trial.

The facts are stated in the opinion.

PITNEY, J., memorandum

Memorandum opinion, by direction of the Court, by MR. JUSTICE PITNEY:

The appellant, having been arrested and held in custody under warrants of arrest and deportation issued by the Acting Secretary of Commerce and Labor under the Immigration Act of February 20, 1907, sought to be discharged upon habeas corpus issued out of the district

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court, and that court having upon hearing ordered the dismissal of the writ, she prosecutes this appeal.

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