In re Panzara
| Decision Date | 01 June 1892 |
| Citation | 51 F. 275 |
| Parties | In re PANZARA et al. |
| Court | U.S. District Court — Eastern District of New York |
The United States District Attorney, for superintendent of immigration.
David Humphreys, for petitioners.
Wing Shoudy & Putnam, for master of the Cheribon.
The petitioners, six in number, joined in a petition for a writ of habeas corpus addressed to the master of the ship Cheribon, in order that the legality of their detention by that master might be inquired into by this court. The master produced the petitioners in accordance with the writ, and made return that 'the abovenamed persons had been placed in his custody as master of said steamship and on board thereof, by the direction of the superintendent of immigration of the port of New York, to be sent back to Italy. ' To this return the petitioners made answer that they are not alien immigrants, but are residents of the United States, where they have acquired a domicile; and that when returning to their respective homes in the United States from a voyage to Italy, undertaken by them with the intention of returning to the United States, they were unlawfully detained and directed to be sent back to Italy by the superintendent of immigration. Thereupon it was directed that the testimony of each petitioner be taken by the clerk, and that notice of the time and place of taking such testimony be given to the master of the ship, and also to the superintendent of immigration. The testimony of each of the petitioners was thereupon taken before the clerk; the master of the ship being there represented, but no one appearing for the superintendent of immigration. Upon the testimony of the petitioners so taken the hearing was had. At the hearing, the assistant district attorney being present and speaking for the superintendent of immigration, leave was given to cross-examine any of the petitioners. The assistant district attorney declining to cross-examine any of the petitioners the hearing proceeded upon the uncontradicted testimony of the respective petitioners. The only argument made was in behalf of the petitioners. The question to be decided is whether this testimony shows a case where the superintendent of immigration had jurisdiction to direct the return of these petitioners to Italy. No other question can be determined by this court. From the testimony it appears in respect to each petitioner that he is not an alien immigrant, but a...
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