Lewis v. Frick, 233 U.S. 291 (1914)
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Lewis v. Frick
No. 208
Argued January 28, 1914
Decided April 6, 1914
233 U.S. 291
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Where an alien enters this country more than once, the period of three years from entry prescribed by §§ 20 and 21 of the Alien Immigration Law runs not from the date when he first entered the country, but from the time of his entry under conditions within the prohibitions of the act. Lapina v. Williams, 232 U.S. 78.
Where, as in this case, there was evidence sufficient to justify the Secretary of Commerce and Labor in concluding that the alien was within the prohibitions of the Alien Immigration Act, and the hearing was fairly conducted, the decision of the Secretary is binding upon the courts.
Under § 2 of the Alien Immigration Act of 1907 as amended in 1910, it is an offense for any person, citizen or alien, to bring into this country an alien for the purposes of prostitution, and any alien so doing or attempting to do may be excluded on entry or deported after entry.
A conviction under § 3 of the Alien Immigration Act is not necessary for exclusion on entry or deportation after entry of an alien who has brought into this country an alien for the purpose of prostitution, nor is a verdict of acquittal of a charge under § 3 res judicata as to a proceeding before the Secretary under § 2 of the act.
There is a distinction between a criminal prosecution and an administrative inquiry by an Executive Department or subordinate officers thereof. Zakonaite v. Wolf, 226 U.S. 272.
The destination of an alien whose deportation after a second entry is based on § 2 of the Alien Immigration Act is to be determined in the light of §§ 20, 21 and 35 of the act, and is not controlled by the factitious circumstance of his going to a contiguous country to obtain the alien brought in for purposes of prostitution. The act admits of his being returned to the country whence he came when he first entered the United States.
Quaere whether the act leaves any room for discretion on the part of the Secretary, and whether that part of a deportation order determining destination of the alien is open to inquiry on habeas corpus.
195 F. 693 affirmed.
The facts, which involve the construction of the provisions of the Alien Immigration Act in regard to deportation of undesirable aliens, are stated in the opinion.