This case has been cited 1 times or more.
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2015-06-22 |
PERALTA, J. |
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| A citizen is entitled to live in peace, without molestation from any official or authority, and if he is disturbed by deportation proceedings, he has the unquestionable right to resort to the courts for his protection, either by a writ of habeas corpus or of prohibition, on the legal ground that the Board lacks jurisdiction. If he is a citizen and evidence thereof is satisfactory, there is no sense nor justice in allowing the deportation proceedings to continue, granting him the remedy only after the Board has finished its investigation of his undesirability. The legal basis of the prohibition is the absence of the jurisdictional fact, alienage.[47] | |||||