In the Matter of the Application of Margaret Roy for a Writ of Habeas Corpus. Return and Answer of Respondent

 

United States District Court Western District of Washington Northern Division

In the Matter of the Application of Margaret Roy for a Writ of Habeas Corpus

No. 4516

Return and Answer of Respondent, Henry M. White, Commissioner of Immigration.

Comes now the respondent, herein, Henry M. White, Commissioner of Immigration at Seattle, Washington, and responding to the order to show cause heretofore entered by the court herein, and answering the petition of the above named applicant for a Writ of Habeas Corpus herein, respectfully certifies and shows to the court as follows:

That this respondent denies each and every allegation of the petition or complaint herein of the above named applicant MARGARET ROY, except as hereinafter admitted.

And this respondent further certifies and respectfully shows to the court as follows:

1. That Henry M. White is now and at all of the times mentioned herein and in the petitioner's complaint has been United States Commissioner of Immigration at Seattle, Washington.

2. That said petitioner MARGARET ROY was duly and regularly arrested and detained under and by virtue of a warrant duly and regularly issued by the Acting Secretary of Labor on the 24th day of June, 1918, which said warrant is included within and shown as a part of Exhibit "A" hereinafter referred to and hereto -1-   attached and made a part hereof; that the said MARGARET ROY was thereafter duly and regularly detained in custody under and by virtue of said warrant of arrest until the issuance and service of the warrant of the Acting Secretary of Labor for the deportation of said MArgaret ROY.

3. That on, to wit: the 8th day of July, 1918, the said MARGARET ROY was examined and had a hearing before the United States Immigration Inspector, Thomas M. Fisher, with relation to the matters and facts set forth in said warrant of arrest.

4. That the said applicant, MARGARET ROY, had a fair hearing before said Immigration Inspector as aforesaid, and that upon the conclusion of said hearing, said Immigration Inspector duly made his findings and rejected in the case of the said MARGARET ROY on the ground that she had entered the United States within three years preceding said hearing without the inspection required by law and that at the time of the entry of the said MARGARET ROY she was and alien of the inadmissible class in that she was a person who believed in or advocated the overthrow by force of violence of the Government of the United States, or of all forms of law, or who disbelieves in or was opposed to organized government, and that she was a person likely to become a public charge..

5. That the record in said proceedings, including said record of examination before Inspector Fisher on said July 8th, 1918, was duly transmitted to the Secretary of Labor for action; that thereafter upon due consideration of said matter and of the proceedings -2-   therein, the findings and recommendation of said Inspector Fisher were duly and regularly approved, and on, to wit: the 30th day of November, 1918, under said findings and approval thereof, warrant of deportation was duly and regularly issued by the Acting Secretary of Labor, which said warrant directed that the said MARGARET ROY be deported in accordance therewith; that ever since the said 30th day of November, 1918, the respondent, Henry M. White, as Commissioner aforesaid, held and detained and does not hold and detain said MARGARET ROY under and by virtue of said warrant of deportation, which said warrant is set forth and included in Exhibit "A", hereto attached and made a part hereof.

6. That the said MARGARET ROY has had a full and fair hearing as provided by law and that a record of the proceedings had with relation to the deportation of said MARGARET ROY as aforesaid, including transcript of the testimony adduced in said proceedings and including the warrant of arrest and the warrant of deportation herein before mentioned, is set forth in Exhibit "A" hereto attached and by reference made a part hereof.

WHEREFORE this respondent prays that said order to show cause be discharged that the said application for writ of Habeas Corpus be denied, and that the said MARGARET ROY be remanded to the custody of this respondent to be dealt with according to law and according to the terms and directions of said warrant of deportation,

John H Sargent

Actg Commissioner of Immigration

Robt C Saunders

United States Attorney