Ghiggeri v. Nagle
| Decision Date | 31 May 1927 |
| Docket Number | No. 5053.,5053. |
| Citation | 19 F.2d 875 |
| Parties | GHIGGERI v. NAGLE, Commissioner of Immigration. |
| Court | U.S. Court of Appeals — Ninth Circuit |
R. M. J. Armstrong and Frank E. Powers, both of San Francisco, Cal., for appellant.
Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.
Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.
This is an appeal from a judgment dismissing a petition for writ of habeas corpus filed on behalf of the appellant, Giovanni Ghiggeri, an alien. The proceeding was brought to test the validity of a warrant issued by the Secretary of Labor for the deportation of Ghiggeri upon the ground that he is in the United States contrary to the Act of February 5, 1917 (Comp. St. ß 4289ºjj), "in that he has been found employed by or in connection with a house of prostitution." Admittedly the appellant is an alien, and upon March 4, 1926, was in a house known as the Romolo Hotel, at 17 Romolo place, San Francisco, and further that this house was conducted by one Thelma Thompson. The immigration officers found that it was a house of prostitution, and that the appellant was employed to give assistance in operating it as such. Hence the warrant. While in the brief there are no clearly articulated assignments, appellant, in a general way, contends that he was denied a fair hearing and that the evidence is insufficient.
It appears that on March 4, 1926, Patrick J. Farrelly, an immigration inspector, accompanied by one Simpson, a shipping master, went to the Romolo Hotel in search of a deserting alien seaman. They were admitted by appellant, who, after some delay and questioning, called for them Thelma Thompson from an adjoining room. They failed to find the missing seaman, but, believing the place to be a house of prostitution, and suspecting that appellant was illegally employed, the inspector forthwith took from Thelma Thompson a statement under oath in the form of questions and answers, to which her signature was attached. The following morning he took from Simpson and appellant statements in similar form. These statements, together with the inspector's report to his superior of what had occurred in his presence, were later used in the hearing as the principal proofs for the government. If they are competent, they are undoubtedly sufficient to authorize the warrant. For example, Thelma Thompson deposed that she was operating the place as a house of prostitution, and had been doing so for three years; that appellant was employed to open the door for visitors, and then to call her, for which service she was paying him $40 a month. The circumstances related by Simpson and the inspector of what occurred are...
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