The opinion of the court was delivered by: LEVET
This is a writ of habeas corpus to determine the legality of the detention of the above-named relator, Margarita Julia Leon, under a final order and warrant of deportation. This proceeding by writ of habeas corpus seeks to review the administrative proceedings as set forth in an administrative record which was submitted to the Court.
The validity of the deportation order depends upon conclusions reached in hearings before a Special Inquiry Officer of the Immigration and Naturalization Service, who determined that the relator was a person of 'constitutional psychopathic inferiority' at the time of her arrival in the United States under Sections 3 and 19 of the Immigration Act of 1917. This report was affirmed by the Board of Immigration Appeals. The statutes involved are as follows:
The Immigration Act of 1917, Section 3:
'That the following classes of aliens shall be excluded from admission into the United States: All * * * persons of constitutional psychopathic inferiority * * *'.
'That at any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; * * * any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; * * * shall, upon warrant of the Attorney General, be taken into custody and deported * * *.'
The facts are as follows:
The petitioner was born in Cuba in 1918. She arrived in the United States for permanent residence on May 23, 1942. She thereafter re-entered on May 10, 1948, in possession of a re-entry permit. She was committed to Bellevue Hospital on December 31, 1950 and admitted to Central Islip State Hospital, Central Islip, Long Island, on January 11, 1951, where she received treatment until May 27, 1951.
Some of the conclusions reached by the examiner depend in part upon clinical summaries of family and personal history obtained while the relator was at the Central Islip State Hospital (see Exhibit 3A). This history was summarized as follows:
'Born Cuba Oct. 1, 1918. Neglected school, ran away from home at age 15. Frequent quarrels with family. Has had three marriages, the first at age 15. Has lived for 9 years with one man without marriage. Has drunk excessively. About 3 years ago was in Bellevue Psychiatric Hospital in connection with alcoholism. On December 25, 1950 seriously injured a man in a fight; December 31, 1950 was arrested and admitted to Bellevue Hospital, committed to Central Islip State Hospital January 11, 1951. For 10 months has expressed delusions about a secret organization, has accused husband and friends of belonging to it and has interpreted their actions as codes and signals.'
The diagnosis from Islip by Dr. Sara S. Prince, M.D., Supervising Psychiatrist, was 'Psychosis with Psychopathic Personality; Paranoid Trends.' The diagnosis and syndromes was as follows:
'* * * unstable temperament exhibited in fits of anger, combativeness, and infliction of physical injury on others; anti-social and impulsive behavior; expression of paranoid delusional ideas.'
The report from Central Islip signed by Dr. Sara S. Prince as to the prognosis, states: 'Unfavorable for behavior tendencies, favorable for attack of emotional excitement.' As to the extent, if any, in which ability to earn a living will be impaired, Dr. Prince stated: 'Ability to earn a living will not be affected during periods of improvement or recovery.'
As to whether petitioner was a person of constitutional psychopathic inferiority at the time of the last entry into the United States, the report by Dr. Prince stated: 'Patient was in my opinion a person of constitutional psychopathic ...