Morrell v. Baker

Decision Date15 December 1920
Docket Number68.
Citation270 F. 577
PartiesMORRELL v. BAKER, Superintendent of Immigration Station.
CourtU.S. Court of Appeals — Second Circuit

Almy, Van Gordon & Evans, of New York City (D. Almy, of New York City, of counsel), for appellant.

Francis G. Caffey, U.S. Atty., of New York City (D. V. Cahill, of New York City, of counsel), for appellee.

Before WARD, ROGERS, and HOUGH, Circuit Judges.

PER CURIAM.

Hearings before administrative bodies, like the immigration authorities, are not subject to the rules governing judicial proceedings. The alien must be given a fair hearing, but the hearing may be summary. Hearsay evidence is admissible, and the findings of fact by the commissioners conclusive, if there is any evidence to support them. In re Diamond (C.C.A.) 266 F. 34; In re Rakics (C.C.A.) 266 F. 646.

In this case the alien had a fair trial, and there was evidence to support the finding that he had imported a woman for immoral purposes, and, that finding being binding upon us, the appeal is dismissed.

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14 cases
  • Hyun v. Landon
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 7 Abril 1955
    ...is that a hearing, fair, though summary, must be accorded, hearsay evidence is admissible." Emphasis added. See also Morrell v. Baker, 2 Cir., 1920, 270 F. 577; United States ex rel. Diamond v. Uhl, 2 Cir., 1920, 266 F. 34; and Christianson v. Zerbst, 10 Cir., 1937, 89 F.2d 40. Furthermore,......
  • Robinson v. Cox
    • United States
    • New Mexico Supreme Court
    • 17 Octubre 1966
    ...769; Christianson v. Zerbst, 89 F.2d 40 (10th Cir. 1937); United States ex rel. Rakics v. Uhl, 266 F. 646 (2d Cir. 1920); Morrell v. Baker, 270 F. 577 (2d Cir. 1920); Chin Shee v. White, 273 F. 801 (9th Cir. 1921); United States ex rel. Ross v. Wallis, 279 F. 401 (2d Cir. In Escoe v. Zerbst......
  • Navarrette-Navarrette v. Landon
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 4 Mayo 1955
    ...See also Christianson v. Zerbst, 10 Cir., 1937, 89 F.2d 40; United States ex rel. Ross v. Wallis, 2 Cir., 1922, 279 F. 401; Morrell v. Baker, 2 Cir., 1920, 270 F. 577; United States ex rel. Diamond v. Uhl, 2 Cir., 1920, 266 F. 34. In view of these authorities, we cannot say that there was e......
  • Tassari v. Schmucker
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 7 Noviembre 1931
    ...the hearing may be summary, and the technical rules of evidence necessarily observed in a judicial proceeding are not applicable. Morrell v. Baker, 270 F. 577 (C. C. A. 2nd). The nature of the proceeding is civil and not criminal. United States ex rel. Bilokumsky v. Tod, 263 U. S. 149, 44 S......
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