Ex parte George

CourtUnited States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
Citation180 F. 785
PartiesEx parte GEORGE.
Decision Date23 July 1910

William Vaughn and J. W. Davidson, for petitioner.

J. H Montgomery, Asst. U.S. Atty.

GRUBB District Judge.

This was a petition for a writ of habeas corpus, upon which the writ was issued to the sheriff of Jefferson county, Ala., in whose custody the petitioner was. The sheriff produced the body of the petitioner, and returned that he was holding him under a warrant issued by the Secretary of Commerce and Labor for his deportation to Greece, the country from which he had emigrated to this country about two years and nine months before the proceedings were instituted. The return of the sheriff set out the original warrant of arrest issued to the immigration inspector by the Secretary, the proceedings and evidence introduced at the hearing before the immigration officer, and the warrant for petitioner's deportation. The petitioner was not represented by counsel at the hearing though advised of his right to be so represented, and made no objection to the proceedings there had.

The warrant for arrest set out two grounds as justifying his deportation: (1) That he had been convicted of or had admitted committing a felony or a misdemeanor involving moral turpitude; and (2) that he had been induced or solicited to migrate to this country by an offer or promise of employment or in consequence of an oral agreement to perform unskilled labor in this country.

The facts developed before the immigration officer, as shown by the return to the writ, were without conflict, being derived entirely from the admissions of petitioner on his examination before the officer on the hearing. His testimony as to the first charge was that some two years before he left Greece he was tried and convicted at Tripoli of a felonious assault and sentenced to four months' imprisonment; that his assault consisted of his act in striking in a quarrel another Greek with a large piece of firewood. At the same time the brother of petitioner stabbed the same person with a knife. The assault, as well as the conviction, was admitted by petitioner. His testimony on the hearing in relation to the second charge was that he left Greece under these circumstances. The owner of a shoe shining establishment in Birmingham, Ala., agreed to employ him in his establishment if he came to America, and pay him $20 per month, to lend him the money needed for his trip, taking as security for the loan a mortgage on petitioner's land in Greece, the loan to be repaid from his wages when employed. The lender and the petitioner came to this country on the same steamship, and petitioner came to Birmingham and went to work for the lender, continued in his service for a year, and out of his wages repaid the loan.

Objection was made to the sufficiency of the warrant, for the first time, upon the hearing of the...

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4 cases
  • Ex parte Pouliot
    • United States
    • United States District Courts. 9th Circuit. Eastern District of Washington
    • 16 Abril 1912
    ...the charge should state the name of the woman brought in and the time and place where she was brought in is not well founded. Ex parte George (D.C.) 180 F. 785; Ex parte (D.C.) 188 F. 449. The claim that he cannot be deported until after conviction of the crime of importing the woman into t......
  • United States v. Corsi, 308.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 30 Marzo 1933
    ...12 F.(2d) 465 (D. C. Mass.); United States ex rel. Griffo v. McCandless, 28 F.(2d) 287, 288 (D. C., E. D. Pa.); Ex parte George, 180 F. 785, 786 (D. C., N. D. Ala.). In New York there are first, second, and third degree assaults. Section 242, N. Y. Penal Law, defines assaults of the second ......
  • Ciambelli v. Johnson
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • 9 Abril 1926
    ...weapon. It has been held that simple assault and battery is not a crime involving moral turpitude. Morlacci v. Smith, supra; Ex parte George (D. C.) 180 F. 785; Gillman v. State, 165 Ala. 135, 51 So. 722. But an assault is one of those offenses which may, or may not, involve moral turpitude......
  • Ex parte Michele
    • United States
    • United States District Courts. 9th Circuit. Eastern District of Washington
    • 17 Abril 1911
    ...... against him, and to the hearing had on the ground that he was. not present and was given no opportunity to confront or. cross-examine the witnesses. The charge against the. petitioner is sufficiently set forth in the warrant. Ex parte. George (D.C.) 180 F. 785. This case differs widely from the. case of United States v. Sibray (C.C.) 178 F. 150,. where the alien was charged with having committed a felony or. misdemeanor involving moral turpitude. . . It. appears from the return that the petitioner was given a full. ......

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