Case Summary

Antonio Bisegna entered the U.S. on February 14th, 1908, from Italy, and stayed until April 1910 when he departed to British Columbia. Bisegna returned to the U.S. on October 22nd, 1913, via the SS Princess Victoria. Bisegna was then held by the Commissioner of Immigration on the grounds he was a "member of the excluded classes" and a person likely to become a public charge under suspicion of committing a crime involving moral turpitude. Bisegna petitioned for a writ of habeas corpus stating he had not been convicted of said crime. The petitioner believed the immigration officials based their charge in the commission of an assault in the third degree by Bisegna after entry into the U.S. Bisegna stated that assault in the third degree was a misdemeanor not involving moral turpitude and he entered the U.S. more than three years prior to the issuance of the arrest warrant. The petition further stated that Bisegna was not given a fair trial and inspectors were biased and prejudiced as they "attempted to do indirectly what they could not to directly." Judge Neterer authorized the writ. In a motion for discharge, the petitioner and his attorneys stated the Secretary of Labor and examining inspector exceeded their authority and the alleged reasons for detaining the petitioner are insufficient causes that did not exist prior to the landing of the petitioner and are not supported by the evidence. The motion further stated that deportation is illegal as it provided for the return of the petitioner to Italy instead of the country whence, he came, most likely British Columbia, Canada. Judge Jeremiah Neterer ruled the writ to be dismissed and the defendant remanded to the commissioner of Immigration. Weeks later on March 28th, 1914, upon an oral motion by the U.S. attorney, the government withdrew the Bureau of Immigration transcript as part of the government's return to the writ in the matter.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Public charge
• Immigration
• Moral turpitude

Sites of significance

• King County Jail (Seattle, Washington)

Outcome

Writ allowed

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 2679

Source material(s)

Case File

Length of case file

Between 31 and 40 pages

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Point(s) of law cited

Immigration Act of Feb. 20, 1907

People

• Bisegna, Antonio (petitioner)
• Bisegna, Antonio (bound party)
• Shela, Louis E. (petitioner attorney)
• Lundin, Alfred H. (petitioner attorney)
• White, Henry M. (respondent)
• White, Henry M. (responding party)
• White, Henry M. (holding party)
• Fishburne, George P. (respondent attorney)
• Allen, Clay (petitioner attorney)
• Post, Louis F. (authority ordering detention)
• Neterer, Jeremiah (judge)

• Additional parties

  Crosby, Frank L. (Clerk)

  Sargent, John H. (Assistant U.S. Commissioner of Immigration)

  Boyle, John M. (U.S. Marshal)

  Martin, Winter S. (Notary Public)