G.R. No. 19206 ; November 10, 1922
PRIBHDAS ASSUDOMAL, petitioner-appellant, vs. VICENTE ALDANESE, as Insular Collector of Customs, respondent-appellee.

FACTS

Pribhdas Assudomal, a British Indian subject, arrived at Manila on November 1, 1920, and sought admission as a merchant, a class exempted from the geographical exclusion under the U.S. Act of Congress of February 5, 1917. A board of special inquiry denied his entry, finding he failed to show convincing evidence, as required by immigration rules, that he was a merchant for the two preceding years. The Collector of Customs affirmed the denial. Assudomal then filed a petition for a writ of habeas corpus in the Court of First Instance of Manila, which was denied, leading to this appeal.

ISSUE

Whether the customs authorities abused their discretion in denying Assudomal’s admission into the Philippine Islands.

RULING

No, there was no abuse of discretion. The Court affirmed the denial of the writ of habeas corpus. Under the applicable U.S. immigration law and rules, natives from the geographically excluded territory (which included India) claiming exemption as merchants must present convincing evidence from their place of domicile, attested by a U.S. consular officer, showing they have maintained that status for at least the two preceding years. Assudomal’s evidence—a vague magistrate’s certificate, a consul’s authentication of the magistrate’s authority, a passport merely stating “merchant,” and articles of copartnership executed in Manila months before his arrival—was insufficient and not of the convincing nature required. The law requires proof of having been a merchant abroad, not an intent to become one upon entry. The customs authorities acted within their discretion in finding the evidence inadequate. The order of deportation was upheld.