G.R. No. L-9888; May 29, 1957
GRADY EDWARD JOHNSON, petitioner-appellee, vs. THE COMMISSIONER OF IMMIGRATION, respondent-appellant.

FACTS

Petitioner Grady Edward Johnson, an American citizen, had been residing in the Philippines since 1946. On February 10, 1955, he was issued an alien certificate of registration but surrendered it on the same day upon being issued an emigration clearance certificate for a short visit abroad and a re-entry permit valid until May 10, 1955. He left on February 15, 1955. Upon his return, he was allowed to land and stay as a “temporary visitor” for two weeks using a non-immigrant passport visa. After this period expired, immigration authorities notified him to leave by July 12, 1955, or face deportation. He remained beyond this grace period. The Commissioner of Immigration ordered his arrest for violating the limitation of his stay. Following his arrest, he was formally investigated by a board of special inquiry with the benefit of counsel. The board submitted its findings and recommendation to the Board of Commissioners as required by law. Before the Board of Commissioners could render its decision, Johnson filed a petition for habeas corpus in the Court of First Instance of Manila, alleging illegal arrest and detention despite having presented his re-entry permit before its expiry. The lower court granted the petition, ruling that by surrendering his re-entry permit and alien certificate of registration, he had a right to remain. The Commissioner of Immigration appealed.

ISSUE

Whether the petition for habeas corpus was prematurely filed, as deportation proceedings before the Board of Commissioners of the Bureau of Immigration were still pending and no decision had been rendered.

RULING

The Supreme Court set aside the lower court’s decision and ordered petitioner recommitted to the custody of the Commissioner of Immigration. The Court ruled that the petition for habeas corpus was premature. In the absence of exceptional circumstances, a habeas corpus proceeding to prevent deportation is premature if proceedings are still pending before the Commissioner of Immigration. No exceptional circumstances were shown, such as undue delay by the Board in rendering its decision. The Court cited the principle that judicial interference is not justified unless it is shown that the detainee is being indefinitely imprisoned under the pretense of awaiting deportation, the government admits it cannot deport him, or the detainee is held for an excessively long period. Since the Board of Commissioners had not yet rendered its final decision on Johnson’s right to stay, the habeas corpus petition was filed prematurely.