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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
The Chinese thus immediately applied for a writ of habeas corpus to the judges of the United States Court for the Eastern District of Michigan, requesting the release of their imprisonment and restraint of their liberty, alleging that doing so was unlawful, without warrant of law and contrary to the Constitution and laws of the United States.
Chae Chan Ping v. United States, 130 U.S. 581 (1889), better known as the Chinese Exclusion Case, [1]: 30 was a landmark United States Supreme Court case that upheld the constitutionality of the Scott Act of 1888, an addendum to the Chinese Exclusion Act of 1882.
Lem Moon Sing v. United States (1895): This upheld the decision of the United States Congress in the Geary Act of 1892 to exclude foreigners from entry without any habeas corpus relief. United States v. Ju Toy (1905): The Supreme Court further allowed Congress to deny the writ of habeas corpus even to persons claiming to be United States citizens.
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with five subsequent revisions. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution. [1]
Ju Toy, the number of habeas corpus petitions filed by Chinese in the Northern District of California plummeted from 153 cases in 1904, to 32 in 1905 and to 9 in 1906. [15] The Ju Toy decision also led the district court in San Francisco to often dismiss Chinese petitions for habeas corpus, unless "there was evidence that the officials had ...
Administrative law in the People's Republic of China was virtually non-existent before the economic reform era. Since the 1980s, The People's Republic of China has constructed a new legal framework for administrative law , establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Chinese Communist Party .