Chomel v. United States

• Decision Date: 20 April 1911
• Docket Number: 1,736.,1,735
• Citation: 192 F. 117
• Parties: CHOMEL v. UNITED STATES. BRION v. SAME.
• Court: U.S. Court of Appeals — Seventh Circuit

192 F. 117

CHOMEL v. UNITED STATES.

BRION v. SAME.

Nos. 1,735, 1,736.

United States Court of Appeals, Seventh Circuit.

April 20, 1911

Rehearing Denied July 27, 1911.

Elijah N. Zoline, for appellants.

Edwin W. Sims, U.S. Atty., and Harry A. Parkin, for the United States.

Before GROSSCUP, BAKER, and KOHLSAAT, Circuit Judges.

PER CURIAM.

The petitioner Martha Brion, a native and citizen of the republic of France, arrived in the United States the 5th of February 1906, and since that time has been continuously in the country. The petitioner Raymonde Chomel, a native and citizen also of the republic of France, arrived in the United States the 8th of September, 1905, and has been since continuously in the country. This appeal presents the question whether, having been in the country more than three years prior to the warrants of deportation issued by the Secretary of Commerce and Labor under the act approved March 26, 1910, amending the act of February 20, 1907, the imprisonment and detention of the petitioners for the purposes of deportation are unlawful. If so, the orders appealed from denying the petitions for habeas corpus should be reversed. Otherwise they should be affirmed.

Section 2 of the act of February 20, 1907, limits itself to the exclusion from admission into the United States of the character of persons therein named, including idiots, insane persons, beggars, persons afflicted with dangerous contagious diseases, persons having been convicted of crime or misdemeanor involving moral turpitude, polygamists anarchists, prostitutes, or persons coming into the United States for the purposes of prostitution, and persons who are supported by or receive part of the proceeds of prostitution leaving it to sections 20 and 21 to provide that such persons shall be deported if proceedings therefor are begun within three years, as also the procedure to be followed. Section 3 both in the original act and as amended, relates exclusively to the importation of aliens for the purposes of prostitution or other immoral purposes, the holding of such persons for such purposes in pursuance of such importation, and aliens found inmates of houses of prostitution after they have entered the United States or who derive benefit from the earnings of the same. This section, unlike section 2 contains in its body the remedy to be applied, namely, deportation 'in the manner' provided by sections 20 and 21 of the...