Re De Souza
Número do processo | Case No. 139 |
Data | 29 Outubro 1934 |
Órgão | Supreme Court (Brazil) |
Aliens — Expulsion of — Procedure — Excessive Period of Imprisonment Pending Removal from the Country.
The Facts.—Expulsion of this alien had been ordered on February 12. He was arrested on March 12, but no expulsion followed. He sought habeas corpus against further detention in prison pending expulsion.
Held: that habeas corpus must be granted against further detention, without prejudice to the carrying out of the expulsion order when the Government should find that to be opportune. The Court said: “From the documents it is learned that the imprisonment dates from more than seven months ago, without the expulsion having been effected. It is understood that detention of the expelled individual is lawful, if the public interest demands it, during the time necessary to arrange his embarcation or...
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