Mita v. Bonham, No. 5350.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtGILBERT, RUDKIN, and DIETRICH, Circuit
Citation25 F.2d 11
Decision Date30 March 1928
Docket NumberNo. 5350.
PartiesMITA v. BONHAM, Commissioner of Immigration.

25 F.2d 11 (1928)

MITA
v.
BONHAM, Commissioner of Immigration.

No. 5350.

Circuit Court of Appeals, Ninth Circuit.

March 30, 1928.


Elton Watkins and W. H. Fowler, both of Portland, Or., for appellant.

George Neuner, U. S. Atty., and Forrest E. Littlefield, Asst. U. S. Atty., both of Portland, Or., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

The plaintiff, an alien, was ordered to be deported upon the ground that he was giving assistance to a prostitute, and also that he was maintaining a house of prostitution; the house in question being a hotel operated by him at Portland. The court below dismissed his petition for a writ of habeas corpus.

Fully appreciating the consequences of deportation to the alien and his family, we have examined the record with care, but find no substantial ground for disturbing the order. To warrant deportation it was only necessary for the government to show that appellant was knowingly giving assistance to a prostitute in the pursuit of her unlawful vocation. Two witnesses, one a city police officer, gave testimony which, if credited, would leave no doubt of the truth of the charge. In a campaign against violators of the law, these two men were assigned to the task of discovering evidence. Admittedly the Hart woman occupied a room in the appellant's hotel. The police officer, who had upon a previous occasion rented a room at the hotel, testified that on the evening of

25 F.2d 12
April 22d he inquired of Mita whether he could have a room and a girl. Mita replied that he could have a room, and that there was a girl in No. 215, but he did not know whether she would stay with him all night. Mita took him to his room, turned on the light, indicated where room No. 215 was, and returned to the office. Shortly thereafter, the witness knocked at the door of 215, and, after inquiry as to who sent him and whether he had a room, the Hart woman admitted him. She explained that she could not stay with him all night, but for a price named offered intercourse. Also upon May 3d the officer made inquiry of Mita whether the girl was still in 215, and upon receiving an affirmative answer and going to the room he had a similar experience with the woman, she again offering intercourse. The other witness, Charles Mike, testified that on a Saturday night he asked Mita what he charged for rooms, and upon receiving a reply he said he might take a room if Mita had any girls. Mita responded...

To continue reading

Request your trial
3 practice notes
  • Heidbrink v. Charles H. Hardessen Co., No. 3919.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 3, 1928
    ...the bags to the mixing chamber by which a definite proportion of gases going into the mixing chamber can be secured, provided the pressure 25 F.2d 11 within the elastic bags is kept constant; (5) check valves between the mixing chamber and the separate supply sources of nitrous oxid and oxy......
  • United States v. Martineau, No. 321.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 6, 1938
    ...97 F.2d 504 charges are grounds for deportation under section 19 of the Immigration Act of 1917, 8 U.S.C.A. § 155. Mita v. Bonham, 9 Cir., 25 F.2d 11; Benetazzo v. Bonham, 9 Cir., 19 F.2d 520. If there was evidence to support the action of the Secretary of Labor in issuing his order, his fi......
  • United States v. Reimer, No. 325.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 17, 1939
    ...are, are restricted in their sense to conscious assistance of a prostitute in pursuit of her unlawful business. Mita v. Bonham, 9 Cir., 25 F.2d 11; Marino v. Zurbrick, D.C., 52 F.2d 160. But there was enough in the record for the Secretary to find that the appellant had knowingly rendered t......
3 cases
  • Heidbrink v. Charles H. Hardessen Co., No. 3919.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 3, 1928
    ...the bags to the mixing chamber by which a definite proportion of gases going into the mixing chamber can be secured, provided the pressure 25 F.2d 11 within the elastic bags is kept constant; (5) check valves between the mixing chamber and the separate supply sources of nitrous oxid and oxy......
  • United States v. Martineau, No. 321.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 6, 1938
    ...97 F.2d 504 charges are grounds for deportation under section 19 of the Immigration Act of 1917, 8 U.S.C.A. § 155. Mita v. Bonham, 9 Cir., 25 F.2d 11; Benetazzo v. Bonham, 9 Cir., 19 F.2d 520. If there was evidence to support the action of the Secretary of Labor in issuing his order, his fi......
  • United States v. Reimer, No. 325.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 17, 1939
    ...are, are restricted in their sense to conscious assistance of a prostitute in pursuit of her unlawful business. Mita v. Bonham, 9 Cir., 25 F.2d 11; Marino v. Zurbrick, D.C., 52 F.2d 160. But there was enough in the record for the Secretary to find that the appellant had knowingly rendered t......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT