United States Ex Rel. Mensevich v. Tod, 264 U.S. 134 (1924)

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United States ex Rel. Mensevich v. Tod

No. 148

Argued January 2, 1924
Decided February 18, 1924
264 U.S. 134

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. An appeal brought here properly upon a constitutional proposition which is subsequently denied in another case will not be dismissed for that reason, but other questions raised will be considered. P. 135.

2. In the provision of the Immigration Act, § 20, for the deportation of aliens to the country whence they came, "country" means the state which, at the time of deportation, includes the place from which an alien came. P. 136.

3. The validity of a detention questioned by a petition for habeas corpus is to be determined by the condition existing at the time of the final decision thereon. Id.

Affirmed.

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