Lavin v. Le Fevre

• Decision Date: 02 November 1903
• Docket Number: 948.
• Citation: 125 F. 693
• Parties: LAVIN, Immigrant Inspector, et al. v. LE FEVRE et al.
• Court: U.S. Court of Appeals — Ninth Circuit

125 F. 693

LAVIN, Immigrant Inspector, et al. v. LE FEVRE et al.

No. 948.

United States Court of Appeals, Ninth Circuit.

November 2, 1903

Appeal from the Circuit Court of the United States for the Northern Division of the District of Washington.

Habeas corpus proceedings were instituted by counsel on behalf of the appellees in the superior court of the state of Washington for King county, alleging their illegal detention at Seattle by the appellant Sister Superior M. Angelique, of the House of the Good Shepherd; and detention being by authority and request of the appellant James P. Lavin, United States immigrant inspector. After the service of the writ of habeas corpus upon the sister superior, the appellants petitioned the United States Circuit Court for the District of Washington, Northern Division, for the removal of the proceedings to Circuit Court. Thereupon a writ of certiorari was issued to the state court, and the proceedings removed to the federal court. Thereafter the appellants made a return and answer to the petition for habeas corpus, showing: That the appellant James P. Lavin was a revenue officer and immigrant inspector for the collection district of Puget Sound. That the appellees were natives of the Republic of France. That the appellant Lavin had theretofore, in the discharge of his duties as such officer, removed the appellees from the steamship Rosalie upon its arrival at Seattle from Victoria British Columbia, from which port they had been brought to Seattle. That said removal was for the purpose of investigating whether they were immigrants properly entitled to enter the United States. That a board of special inquiry was convened, and the regulations of the Treasury Department to determine the eligibility of the appellees to land in the United States. That upon such investigation it had been found and determined that appellees had, within one year prior thereto, been imported into the United States at the port of New York from France for the purpose of prostitution. That it had been further found and determined that each of them was a pauper, and likely to become a public charge. That it had been further found that, immediately prior to their having been taken from such vessel for such purpose by the appellant Lavin, they had left the United States and gone to Victoria British Columbia, from which place they were returning to the United States when so taken and removed from said vessel. That upon such findings it had been determined and concluded by said board that the appellees were not lawfully entitled to be in or enter the United States, and that they should be deported and returned to the country to which they belonged and from whence they came. Thereafter the facts and findings of said board of special inquiry were forwarded to the Secretary of the Treasury for the purpose of having the question of the country and port to which the appellees should be deported and returned determined by said Secretary. That while said question was pending before the Secretary of the Treasury the court made an order and judgment finding the facts and causes of detention of the appellees by the appellants as set forth in the return, and finding further that the only action warranted by the government and its officers, upon the facts found, was the deportation and return of the appellees to Victoria, British Columbia, at the expense of the steamer bringing them to this country, and thereupon the court entered an order and judgment accordingly. Thereafter the Secretary of the Treasury issued his warrant directing the appellant James P. Lavin, immigrant inspector, to arrest the appellees and remove them to the port of New York for deportation to France. Upon the receipt of said warrant the appellants made a supplemental return showing the fact of the issuance of such warrant, and petitioned the court to modify its order and judgment by striking out so much thereof as required the appellant to return the appellees to the steamship that brought them to Seattle, 'to be by said vessel at its own expense returned to Victoria, British Columbia,' leaving the appellant Lavin free to carry into effect the warrant of the Secretary of the Treasury. Upon a hearing upon this supplemental return and petition, the court found that the appellees had only been temporarily removed form the steamer bringing them to Victoria, for the purpose of...