Woo Shing v. Fluckey
| Citation | 250 F. 598 |
| Decision Date | 12 March 1918 |
| Docket Number | 2882. |
| Parties | WOO SHING v. FLUCKEY, United States Immigration Inspector. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; John H. Clarke, Judge.
Petition by Woo Shing for writ of habeas corpus against J. Arthur Fluckey, United States Immigration Inspector. From an order denying the writ, petitioner appeals. Order reversed, and cause remanded, with instructions that petitioner be discharged from custody.
F. R. Marvin, of Cleveland, Ohio, for appellant.
E. S. Wertz, U.S. Atty., and Joseph C. Breitenstein, Asst. U.S. Atty., both of Cleveland, Ohio, for appellee.
Before KNAPPEN and DENISON, Circuit Judges, and HOLLISTER, District judge.
The decision of this case having been continued until the Supreme Court should answer the questions certified to it by this court in the matter of United States v. Woo Jan (No. 3025) 250 F. 597, . . . C.C.A. . . ., and such questions having now been answered, as appears by the mandate of that court filed in this court in the matter of United States v. Woo Jan (No. 3025) 245 U.S. 552, 38 Sup.Ct. 207, 62 L.Ed. . . ., from which mandate it appears that the Department of Labor had no jurisdiction to issue the warrant under which Woo Shing was held:
Ordered, that the order of the District Court be reversed and vacated, and the cause be remanded, with instructions that Woo Shing be discharged from custody.
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Woo Shing v. United States
...Shing his release in proceedings brought under the act of 1907 had been previously ordered by this court, for lack of jurisdiction (250 F. 598, 162 C.C.A. 614); nor as to the other by the fact that deportation proceedings under the act of 1907 were pending at the time the present proceeding......