Case Summary

Hiura originally came to the U.S. as a stowaway on the Tacoma Maru in 1914, and resided in Tacoma until October 1919, when he made a visit to Japan. Upon his return, at the Port of Seattle, Hiura was charged with obtaining a passport under false pretenses and liable of becoming a public charge. The Board of Special Inquiry, consisting of three inspectors, grounded their ruling on the notion the passport should not have been issued. On appeal, Hiura's agent argued no evidence was submitted supporting the notion Hiura would be liable to become a public charge, and regarding the false passport, argued the passport is not the foundation of Hiura's right to be in the United States and the rights of an immigrant must rest upon facts aliunde the passport. The exclusion decision from the Board of Special Inquiry was affirmed and a deportation order was suggested. Hiura then petitioned for a writ of habeas corpus in which Hiura's attorney argued the petitioner was arbitrarily excluded and denied admission because of prejudice and the Board of Special Inquiry was not legally constituted. Citing Section 17 of the Immigration Act, the petition argued the Special Inquiry Board needs to consist of three members/officers, whereas in said case the board was composed of two inspectors and a stenographer. Looking at the Board of Special Inquiry minutes, an "Anna Mullen" was named as the stenographer, and later a "Miss Mullen" was noted as the third vote for the exclusion of Hiura. The petition further questions the Board's authority to sit as a court of error and appeal to review the issuance of a passport. Juge Neterer ruled the confinement and restraint of the petitioner was unlawful, and that said petitioner is entitled to be admitted into the United States.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Immigration
• Obtaining passport under false pretenses
• Public charge

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 5487

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

Section 17 of the Immigration Act of Feb. 5, 1917|U.S. vs. Redfern, 180 Fed, 500,|States vs. Mason, 55 N.E. 167.|Section 1756 R.S. U.S.|Hedrick vs. U.S. 16 Ct. Claims, page 88-100.|U.S. vs. Schlierholz, 137 Fed. 616,|Martin vs. U.S. 168 Fed. 198.|U.S. vs. Haas, 167 Fed. 211|U.S. vs. Smith, 124 U.S. 525. 31 L. ed. 534|U.S. vs. Martin, 193 Fed. 795.|Sprung vs. Martin, 182 Fed. 330.|U.S. vs. Nakashima, 160 Fed. 842.|Taylor vs. U.S. 207 U.S. 120. 52 L. ed. 130.|Yamata vs. Fisher, 189 U.S. 99 47 L. ed. 725.|U.S. vs. Suekichi, 199 Fed. 751.

Tag(s)

• Deportation
• Abnormal procedure

People

• Huira, Teiichi (petitioner)
• Huira, Teiichi (bound party)
• Kiefer, James (petitioner attorney)
• Neterer, Jeremiah (judge)
• White, Henry M. (respondent)
• Saunders, Robert C. (respondent attorney)

• Additional parties

  Harshberger, F.M. (Clerk)

  Leitch, S.E. (Deputy Clerk)

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

  A. Rooks (Deputy Marshall)

  Hampton, Alfred (Assistant Commissioner General of Immigration)

  Wahiney, R.B. (Acting Secretary of Labor)

  Post, Louis F. (Assistant Secretary of Immigration)

  Okajima, Kinya (Agent for Appellant)

  McCullough, F.S. (Chairman of the Board of Special Inquiry)

  Hunter, Benjamin A. (Inspector)

  Mullen, Anna (Stenographer)

  Kumai, Takanosuke (Interpreter)

  Hiura, Y. (Petitioner’s Father)

  Kellogg, E.R. (Vice Consul U.S.A.)

  Ajisaka, Aisuka (Head of Tourist Party)