Pestereff v Reed

• Docket Number: Case No. 38
• Date: 01 October 1927
• Court: District Court of Alaska

District Court of Alaska, Second Division, Nome.

Case No. 38

Pestereff

and

Reed.

Recognition — Of Governments — Effects of Non-Recognition — Whether Rendering Deportation of Aliens Impossible.

The Facts.—This was a petition for habeas corpus. Petitioner was an alien and native of Russia. In 1927, with eight other aliens, he left East Cape, Siberia, in a small skin boat, crossed to Cape Prince of Wales, Alaska, and landed with the intention of making the United States his future residence. Making his way down the coast to Nome, he was taken into custody by United States immigration authorities, and brought before a Board of Special Inquiry, where it was decided that he should be debarred for want of an immigration visa. While the case was still pending before the Department of Labour, he petitioned for habeas corpus, contending that since there were no diplomatic relations between the United States and Russia, he could not be deported to Russia and should, therefore, be set at liberty.

Held: That the writ should be denied. An order had not yet issued from the Department of Labour and the hearing was still pending.

Delivering the Opinion of the Court, Judge Lomen said: “To...