Kaplan v. Tod, 241

CourtUnited States Supreme Court
Writing for the CourtHOLMES
Citation69 L.Ed. 585,267 U.S. 228,45 S.Ct. 257
PartiesKAPLAN v. TOD, Commissioner of Immigration
Docket NumberNo. 241,241
Decision Date02 March 1925

267 U.S. 228
45 S.Ct. 257
69 L.Ed. 585


TOD, Commissioner of Immigration.

No. 241.
Argued Jan. 26, 1924.
Decided March 2, 1925.

Messrs. James Marshall and Elijah N. Zoline, both of New York City, for appellant.

Mr. Asst. Atty. Gen. Donovan, for appellee.

Page 229

Mr. Justice HOLMES delivered the opinion of the Court.

This is an appeal from an order dismissing a petition of the appellant for a writ of habeas corpus. The petition alleges that the petitioner is a citizen of the United States, and that she is unlawfully detained by the respondent under a warrant of deportation issued by the Assistant Secretary of Labor, without jurisdiction and without due process of law contrary to the Fifth Amendment of the Constitution of the United States. An appeal was taken directly to this Court on the alleged infringement of the appellant's constitutional rights. Chin Yow v. United States, 208 U. S. 8, 13, 28 S. Ct. 201, 52 L. Ed. 369; Ng Fung Ho v. White, 259 U. S. 276, 284, 42 S. Ct. 492, 66 L. Ed. 938.

The appellant was born in Russia. On July 20, 1914, being then about thirteen years old, she was brought to this country, where her father already was, by her mother. Upon examination she was certified to be feeble minded, and was ordered to be excluded, but before the order could be carried into effect the European war had begun. Deportation necessarily was suspended, and she was kept at Ellis Island until June, 1915. In the latter half of that month she was handed over to the Hebrew Sheltering and Immigrant Aid Society upon its undertaking to accept custody of the child until she could be deported safely, to return her when required, and meanwhile to prevent her becoming a public charge. The Society allowed her to live with her father, which she has done ever since. On December 14, 1920, her father was naturalized, she being then about nineteen. The warrant of deportation was issued on January 19, 1923; the writ of habeas corpus was allowed on April 24, and was dismissed on the following October 9.

It is not questioned that the appellant rightly was denied admission in July, 1914, or that she is feeble minded

Page 230

still. Act of March 26, 1910, c. 128; 36 Stat. 263. But it is said that she became a citizen by the naturalization of her father while she was a minor and in this country, Rev. St. § 2172 (Comp. St. § 4367) and that she cannot be deported upon a warrant issued more than five years after her entry into the United...

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125 cases
  • City of San Jose v. Trump, No. 20-CV-05167-RRC-LHK-EMC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • October 22, 2020
    ...practice, and Supreme Court case law.Indeed, one case on which Defendants rely supports Plaintiffs’ position. In Kaplan v. Tod , 267 U.S. 228, 45 S.Ct. 257, 69 L.Ed. 585 (1925), the Supreme Court considered a child's immigration status. The child, Esther Kaplan, had been denied entry into t......
  • Petgrave v. Aleman
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • March 29, 2021
    ...when Executive Branch officers "enlarg[e]" an arriving noncitizen's detention "bounds" by paroling him into society. See Kaplan v. Tod , 267 U.S. 228, 257–58, 45 S.Ct. 257, 69 L.Ed. 585 (finding that the "nature of [a child's] stay within the territory was not changed" when the Government c......
  • Aslanturk v. Hott
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • May 8, 2020
    ...is physically present in the United States, he is characterized as stopped at the gates." Joshi , 720 F.2d at 803 (citing Kaplan v. Tod , 267 U.S. 228, 230, 45 S.Ct. 257, 69 L.Ed. 585 (1925) ). Petitioner's designation as an arriving alien who has been paroled pursuant to 8 C.F.R. § 212(d)(......
  • Padilla v. Immigration & Customs Enf't, No. 19-35565
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 27, 2020
    ...a determination of her admissibility was not "within the United States" "by virtue of her physical presence as a parolee"); Kaplan v. Tod, 267 U.S. 228 (1925) (noncitizen excluded at Ellis Island but detained instead of being deported immediately due to suspension of deportations during Wor......
  • Request a trial to view additional results
1 books & journal articles
  • Due Process in Removal Proceedings After Thuraissigiam.
    • United States
    • Stanford Law Review Vol. 74 No. 4, April 2022
    • April 1, 2022
    ...to those who are "detained after arriving at a port of entry"--specifically, those "in respondent's position"). (88.) See Kaplan v. Tod, 267 U.S. 228, 229-30 (1925) (explaining that someone who was ordered deported, but whose deportation was delayed by the start of World War I, was "still i......

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