Facts:

This case involves Pribhdas Assudomal (the petitioner and appellant) and Vicente Aldanese, the Insular Collector of Customs (the respondent and appellee). The events leading to this case transpired on November 1, 1920, when Assudomal arrived at the port of Manila on the steamship Loonsang, seeking permission to enter the Philippine Islands, citing his status as a merchant. Following his application, a board of special inquiry conducted a review of his evidence but ultimately denied his entry on the grounds that he failed to provide documentation proving his prior status or occupation as a merchant in India, which was a requirement under Rule 8 of the immigration regulations established by the Department of Labor. Assudomal then appealed this decision to the Collector of Customs, who affirmed the board's ruling. Subsequently, a petition for a writ of habeas corpus was filed in the Court of First Instance of Manila. The court, presided over by Judge C. A. Imperial, denied Assu

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Facts:

Arrival and Application for Entry

• On or about November 1, 1920, the appellant, Pribhdas Assudomal, arrived at the port of Manila aboard the steamship Loonsang.
• He requested permission to enter the Philippine Islands on the ground that he was a merchant.

Inquiry and Examination of Merchant Status

• A board of special inquiry, designated to examine his claim of being a merchant, scrutinized the evidence he provided.
• The board determined that the appellant failed to present any documentation proving that he was a merchant or had been one for the required period as prescribed by Rule 8 of the Rules of May 8, 1917, issued by the Department of Labor of the Bureau of Immigration of the United States.

Procedural History

• Following the board’s decision, an appeal was made to the Collector of Customs, who upheld the board’s ruling.
• Dissatisfied with the determination, the appellant later filed a petition for the writ of habeas corpus in the Court of First Instance of Manila.
• The petition was denied by the trial court in an opinion that emphasized the department of customs’ authority in immigration matters, leading to the petitioner’s remand into the custody of the Collector of Customs and the execution of the deportation order.

Statutory and Regulatory Framework

• The Act of Congress of February 5, 1917, excluded a large class of aliens from admission to the territory of the United States, while providing an exception for certain classes including merchants.
• Under Section 3 of the Act, aliens claiming an exempted status must fulfill the additional requirement of showing evidence of their status or occupation for at least the two years preceding their entry into the United States.
• The accompanying regulations (specifically Subsection 3 of Rule 8) mandated that such evidence be procured in the applicant’s place of domicile and authenticated by the nearest United States consular officer.

Evidence Presented by the Appellant

• The appellant submitted a certificate from the city magistrate of Hyderabad Sind stating simply that he was a merchant, without indicating the duration or details of his commercial activities.
• A certificate from the U.S. consul at Karachi was provided, which merely attested to the city magistrate’s credentials rather than affirmatively confirming the appellant's status or duration of his maritime trade.
• He also presented a passport issued on the basis of his alleged merchant status; however, this document omitted any reference to the required two-year period of mercantile activity.
• Additionally, articles of copartnership dated April 22, 1920, executed in Manila before a notary public were tendered. This document was designed to establish his current status as a merchant but failed to satisfy the criterion of proving a two-year history, especially since his arrival in Manila occurred in November 1920.

Issue:

Whether the Department of Customs, in requiring the appellant to furnish convincing evidence of his mercantile status for at least the preceding two years, acted within its rightful power and discretion.

• The appellate argument centered on the alleged abuse of power by the customs authority in interpreting and enforcing the statutory and regulatory requirements.
• The issue further questioned whether the evidence presented was sufficient in establishing the appellant's eligibility for entry under the exempted class provided by the Act of Congress.

Whether the appellant’s evidence, given its nature and timing, adequately fulfilled the requirements set forth in the applicable rule and regulation.

• The reliability and authenticity of the submitted certificate, passport, and articles of copartnership were scrutinized in light of the mandated two-year period.
• A secondary issue involved whether any technical deficiencies or reliance on recent documents (such as the partnership articles) could render the customs’ decision legally untenable.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)