United States Ex Rel. Tisi v. Tod, 264 U.S. 131 (1924)

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United States ex Rel. Tisi v. Tod

No. 132

Argued January 3, 1924
Decided February 18, 1924
264 U.S. 131

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. In a proceeding to deport an alien for having in possession, for distribution, printed matter advocating the overthrow of the government by force, knowledge on his part of the seditious character of the printed matter, though essential to the authority to deport, is not a jurisdictional fact. P. 133.

2. Mere error of the Secretary of Labor in finding a fact essential to deportation from evidence legally, but not manifestly, inadequate is not a denial of due process of law. P. 133.

Affirmed.

Appeal from an order of the district court dismissing a writ of habeas corpus.