The Northwest times. [volume] (Seattle, Wash.) 1947-1955, 1954-01-16
Top Court Sits
Two Cases That
May Hit lsSei

CJACLThe United States Supreme
Court heard oral arguments in two
immigration cases that may we'll at
feet aliens OF japanese ancestry.
according to the Washington office
of the Japanese American Citizens
League
Though neither the JACL nor any
japanese alien is party in either
case the issues involved can affect
several thousand Issei residents of
the United State the Washington
office said
In one case. argued in behalf of
the alien by attorney A L Wirin
of Los Angeles, The question is whe-
ther a permanent resident alien is
subject to inspection and possible
detention when returning to theU-
nited States mainland from tenn
porary visit to an American terri
tory or island possession
In the other case argued in be-
half of the alien by attorney Ed
ward J Ennis of New York City the
question is whether an alien subject
TO deportation must be detained be-
fore he may test the legality of his
imprisonment in the courts
In both cases. the Supreme Court
may decide on procedural grounds
rather than on the merits of the is
sues inVoleyd because much of the
oral arguments OF both the govern
ment lawyers and the attorneys for
the aliens were centered on these
procedural matters
The case presented for the appel
lants by attorney Wirin involves
the right of an immigration inSpec-
tor in Seattle to Diet in for inspec-
ton a permanent resident of the
continental United States who re
. turns from a temporary job in the
/ fish canneries OF Alaska Although
only Alaska was involved in this
particular instance the problem al
so extends to Hawaii The outcome
of this decision may affect several
hundred IsSei who annually leave
the Pacific Northwest to work in A
laska fisheries and canneries as well
as those who desire to visit Hawaii
for pleasure or business purposes.
/ 1t may also affect the right to in
Spect Issei residents of Alaska and
Hawaii who may desire to visit the
mainland for any purpose. includ-
ing that Of permanent residence, on
the same basis as if they are aliens
immigrating from a foreign coun-
try
Specifically under attack in the
case argued FOR the respondent by
attorney Ennis was an order issued
last June by the United States
Court Of Appeals directing the Fed
eral District Court to enjoln the At
torney General from taking an ali
EN- subject 10 deportation into Gus
tody The government attorney ar
gued that under the 1917 Immigra-
ton Act and The McCarran- Walter
Act Of 1852 the actions Of the Attor-
ney General in deportation cases
are not subject TO judicial revie"
except in habeas corpus proceeding
which cannot be instituted until tn,
alien is in actual custody Attorney
Ennis argued that while the 1871
act gave the Attorney General sucf
sweeping powers the 1852 act liber
allied the provisions to allow judi
cial review n deportation cases Il
not limited TO habeas corpus action
that must await the actual takinl
INTO custody OF an alien subject t.
deportation before that alien ma
appeal to the courts
Fer those Issei subject to deporta
ton for any reason this case ma
have far-reachlng consequences
the government contention is mp
held by the nations highest trlbu
nal. Issei subject to deportation ma
not have any recourse TO the cour'
unless and until after they are
custody awaiting imminent depol
tatlon